Why Divorce.com?
Why Choose Divorce.com?
Divorce.com is a handy and affordable court-required paperwork preparation tool for an uncontested divorce. There is no need to worry about the lawyer’s hourly rate because our service provides a flat fee for the entire package.
With Divorce.com, partners can quickly select and complete divorce forms specific to their case and local court requirements. They don’t even need to have a law degree or experience completing forms. The system guides the user at every step.
Divorce.com is available for use with any device 24/7. Spouses only need to have internet access.
Complete the survey at any convenient time. You can take unlimited breaks - the system saves your progress.
Make changes and edit your answers at no extra cost.
Download ready-to-sign PDF forms and a guide for filing to avoid common mistakes, all within two business days.
With Divorce.com, your divorce is more systematic and hassle-free!
Illinois
Divorce Forms
All the forms required
The list of required forms for divorce in Illinois may include, but is not limited to:
Petition for Dissolution of Marriage/Civil Union (Divorce with Children)
Petition for Dissolution of Marriage/Civil Union (Divorce No Children)
Entry of Appearance (Petition for Dissolution of Marriage/Civil Union)
Non-Marital Real Estate
Summons Petition for Dissolution of Marriage/Civil Union
Parenting Plan
Parenting Plan Addendum
Judgment of Dissolution of Marriage/Civil Union (Divorce with Children)
Judgment of Dissolution of Marriage/Civil Union (Divorce No Children)
Additional Minor Children (Divorce with Children)
Additional Adult Children
Additional Other Children (Divorce with Children)
Additional Parenting Time (Divorce with Children)
Additional Debts & Liabilities (Divorce with Children)
Additional Debts & Liabilities (Divorce No Children)
Additional Personal Property & Bank Accounts (Divorce with Children)
Additional Personal Property & Bank Accounts (Divorce No Children)
Additional Marital Real Estate
Certification Agreement
Letter to the Sheriff (Serving a Summons and Forms)
Order for Support
Income Withholding for Support
Support Information Sheet
How to Fill out the Income Withholding for Support Form
Letter to Employer About Income Withholding for Support
Certificate of Dissolution
Spouses may also prepare additional local forms, if required by the county.
Steps to consider
Filing Requirements
Residency Requirements
The residency requirement determines whether Illinois has the necessary jurisdiction to hear a case. Without it, spouses will not be eligible to file for divorce in the state.
State law requires at least one spouse to have lived in Illinois for at least 90 days before filing for divorce. The same rules apply to military spouses who are stationed in Illinois.
Spouses can file for divorce in any county that meets residency requirements.
Grounds for Divorce
Illinois is a no-fault divorce state. Therefore, spouses do not need to prove that the reason for the dissolution was the inappropriate actions of the other. It frees them from confusing questions and having to reveal their "dirty laundry" to the public.
In Illinois, there are two legal reasons for no-fault divorce:
irreconcilable differences with no possibility of reconciliation, or
spouses live separately and apart for more than six months before the divorce judgment entry.
Initial Filing
The Illinois Supreme Courts and their branches in the respective counties consider divorce cases. To initiate a divorce, the petitioner must file the following documents:
Petition for Dissolution of Marriage;
Summons; and
Entry of Appearance (if the second spouse doesn't need to be served).
The petitioner should file the original documents and two copies in the county where one of the spouses resides.
Filing Fees
The average Illinois filing fee is about $337. However, charges vary from county to county, so spouses should contact the court clerk in advance for pricing.
If the petitioner cannot afford to pay the filing fees, they can ask the judge to waive the fees. The petitioner must complete the Application for Waiver of Court Fees and submit it to the clerk. If the court grants the request, the spouses won't have to pay any legal costs.
Serving the Respondent
When the petitioner files the paperwork, they need to notify the respondent about the divorce. In Illinois, there are two ways to serve the other spouse:
by hiring a lawyer;
by submitting an Entry of Appearance form.
Spouses may file an Entry of Appearance form along with the other documents for an uncontested divorce. This form means that the respondent agrees to refuse the serving.
Once served, the respondent has 30 days to file a Response.
Waiting Period
Unlike many US states, Illinois does not have the usual waiting period between filing documents and getting a final judgment. Therefore, theoretically, in an uncontested case, spouses can obtain a divorce within days after filing if they meet the residency requirement and have served the other spouse.
In practice, the court may issue a court decree in a month or three, considering the case specifics and the local court workload.
Finalizing a Divorce Case
When the spouses have filed all the necessary forms with the court, fulfilled the requirements for the residence, and have served the other spouses, the court can grant a divorce.
A divorce can last from six to twelve months in a contested case. An uncontested divorce usually ends within three months.
Filing basics
Filing for Divorce
Illinois
How to get started
The list of required forms for divorce in Illinois may include, but is not limited to:
Petition for Dissolution of Marriage/Civil Union (Divorce with Children)
Petition for Dissolution of Marriage/Civil Union (Divorce No Children)
Entry of Appearance (Petition for Dissolution of Marriage/Civil Union)
Non-Marital Real Estate
Summons Petition for Dissolution of Marriage/Civil Union
Parenting Plan
Parenting Plan Addendum
Judgment of Dissolution of Marriage/Civil Union (Divorce with Children)
Judgment of Dissolution of Marriage/Civil Union (Divorce No Children)
Additional Minor Children (Divorce with Children)
Additional Adult Children
Additional Other Children (Divorce with Children)
Additional Parenting Time (Divorce with Children)
Additional Debts & Liabilities (Divorce with Children)
Additional Debts & Liabilities (Divorce No Children)
Additional Personal Property & Bank Accounts (Divorce with Children)
Additional Personal Property & Bank Accounts (Divorce No Children)
Additional Marital Real Estate
Certification Agreement
Letter to the Sheriff (Serving a Summons and Forms)
Order for Support
Income Withholding for Support
Support Information Sheet
How to Fill out the Income Withholding for Support Form
Letter to Employer About Income Withholding for Support
Certificate of Dissolution
Spouses may also prepare additional local forms, if required by the county.
Custody Basics
If a couple has minor children, they need to settle the child custody issues. Custody in Illinois is divided into physical and legal.
Physical custody refers to where the child lives.
Legal custody gives a parent the right to make important decisions about raising the child.
In addition, the Illinois court divides custody into sole and joint custody according to the parent’s rights and obligations.
The judge may consider the following factors when assigning a type of custody:
the child’s wishes
each parent’s desires
the child’s relationship with parents, siblings, and other family members
the child’s adjustment to their home, school, and community
whether there has been domestic physical violence or abuse
the physical and mental health of parents
the willingness and ability of parents to facilitate and encourage a close and continuing relationship between the other parent and the child.
However, Illinois does not always have the right to decide on the issue relating to children. Under the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA), a state is only eligible for consideration of a child custody case if:
the child has lived in Illinois for the last six months
the child has lived in the state since birth (if they are less than six months old)
the child lives out of state but has lived in Illinois for the past six months, and one of the parents still lives in Illinois
no other state is the child’s home state.
Uncontested Divorce
If both spouses agree to a divorce and consider the dissolution terms fair to each party, they may qualify for an uncontested divorce. Partners can speed up getting the final decree by doing a “joint simplified dissolution.” They should meet the following requirements:
both spouses meet the residency requirements and complete the forms together;
the spouses have been married for no more than eight years;
spouses do not have children;
spouses have a no-fault divorce;
spouses don’t own any real property or retirement benefits;
neither spouse earns more than $30,000 a year;
the total value of all the marital property is less than $50,000;
the couple signs a Settlement Agreement.
An uncontested divorce allows spouses to use alternative low-cost ways to prepare divorce papers, such as Divorce.com. It is an excellent opportunity to streamline the pre-divorce process and save you time and money.
Support Basics
Support is calculated under the Illinois Support Guidelines. The guide recommends that the non-custodial parent pays the custodial parent the percentage of their net income to support the standard child’s well-being.
When calculating the parental share, the court uses a formula approved by the state, which also includes:
the educational needs of the child
the child’s likely standard of living if the parents had stayed together
financial resources and needs of the child and both parents
the physical and emotional state of the child.
