Deciding to end a marriage is often an emotional roller coaster that typically requires months of contemplation and stress. Once divorce becomes the only option, however, the dry language of Illinois law controls the process of dissolving a marriage contract. How long it takes and how much money it costs depend upon how quickly both parties agree on issues that include child custody or property division.
Hiring Attorney
Avenues exist for moving through divorce in Illinois without an attorney. Illinois Legal Aid warns, however, that you may need legal counsel if you own real estate, think your spouse will contest the divorce or have a pension fund. Other factors that would likely require legal representation include disagreements regarding division of property and provisions for child custody and other parental issues.
Grounds
Illinois law requires you to give a reason or grounds for your divorce. State law allows many possibilities, including attempts by your spouse to poison you. Illinois Legal Aid notes that the most common grounds include mental cruelty, physical cruelty and irreconcilable differences. Physical and mental cruelty grounds require statements describing the abuse and emotional damage or physical injury suffered. An irreconcilable differences claim requires a period of separation, six months to two years, and a statement that you and your spouse have made an effort to reconcile but cannot save your marriage.
Filing And Serving Notice
Filing a petition for divorce with the circuit clerk of the county you, or your spouse, reside in begins the legal process in Illinois. Filing costs vary by county but typically include a fee for the court and a fee for the mandatory process of notifying or presenting your spouse with a copy of the petition, often served by a county sheriff. If the sheriff's office cannot locate your spouse, you can file a public notice through a local newspaper. In that case, however, a judge will grant a divorce but not settle any property or child custody issues, according to Illinois Legal Aid.
Settling Details
Generally, you, your spouse and your attorneys will attempt to divide property and debts and address concerns such as child custody and visitation rights outside of the courtroom.
If you cannot agree on how to divide your property and debt, Illinois law requires the court to do so. Lawyers.com notes judges may consider, among other things, the length of the marriage, the earning potential of each spouse, contributions made by each spouse in acquiring property, and the age and health of each spouse as they attempt to determine the appropriate division of assets and marital debt.
The courts also decide child custody and visitation matters not agreed on between parents. The judge takes into account the best interest of the child and presumes both parents should have maximum involvement regarding the well-being of the child, according to Lawyers.com. He might appoint a mediator to try helping you settle differences. Illinois law bases child support on a percentage of the noncustodial parent's income and how many children he supports.
Dissolution
After entering details regarding your settlement into the records, the court will grant your divorce or "dissolution of marriage." It can take four months to several years to complete a divorce in Illinois, according to Illinois Legal Aid. Factors affecting the time-line include your spouse's willingness to agree on issues, including child custody, visitation and division of marital assets, such as real estate, pension plans.
