Common Questions about Illinois Divorce Law

If you or perhaps someone you care about is going through a divorce, we know how difficult it can be trying to find answers or find a starting point during such a difficult period. It is imperative to have a lawyer you can trust has your best interests during the divorce process.

Divorce law can be complicated, so if you are considering getting a divorce from your spouse, you will likely have questions about what it involves and how to proceed.

In our blog, we cover some frequently asked divorce questions and provide the answers. 

In Illinois, there are no set costs for the divorce; however, there are set costs for filing the paperwork with the court where you live.

A divorce should be relatively easy if you are a couple who have been married a short period and have separated for at least 6 months. This means it can be more inexpensive – even if you hire an attorney.

On the contrary, you may find it easier to hire attorneys if you have joint assets like retirement accounts, are married with children, investments or own a home/business together, and let them work out the details. Because this is can be a more complicated process, it will likely be more expensive. 

Is Illinois a 50/50 State for Divorce?

Illinois is not a 50/50 state for divorce. Illinois instead considers a variety of factors to determine an asset division arrangement that is fair and reasonable on both ends, even though there are other states that divide the marital estate exactly in half.

This means that the court weighs several factors to determine how to fairly divide property rather than dividing property 50/50. These factors include the duration of the marriage, which party has more responsibility for any children of the marriage, each spouse’s contribution to acquiring the property, and the value of the property. 

How Can I Get a Quick Divorce?

Quick divorces are not as common because divorces usually tend to be drawn out, especially when the parties cannot agree on how to handle issues such as division of assets and debts, child support, allocation of parenting time and responsibility, and spousal maintenance. 

The quickest way to get a divorce is if the parties can agree on the issues mentioned above. This is what is known as an uncontested divorce. In an uncontested divorce, the parties and their attorneys draft written agreements like Marital Settlement Agreements and Joint Parenting Agreements at the outset. Uncontested divorces can be resolved with one court appearance and can be finished as quickly as a month. 

An uncontested divorce (referred to as a “dissolution of marriage” in the state of Illinois) means that both parties agree on all the key terms of the divorce, including:

• Dividing marital property.

• Dividing marital debts.
  
  
• Spousal support (also called “alimony”).

• Child custody and parenting time schedule.

• Child support and medical insurance coverage for any minor children.

• Custody of pets.

An uncontested divorce is a great way to speed up the divorce process and make it less expensive. 

Can You Be Denied a Divorce?

You cannot be denied a divorce in Illinois. Some states have many grounds for divorce – such as adultery or habitual drunkenness – and may deny a divorce if you fail to prove the grounds alleged in your divorce petition. Prior to 2016, Illinois operated this way as well; however, since 2016, irreconcilable differences are the only grounds for divorce in Illinois.

With this new set of grounds in Illinois, this means that the only reason that your divorce would be denied would be because you failed to follow the court’s procedural requirements or because you did not meet certain prerequisites, such as the six-month separation period.

Even if your case was dismissed or delayed based on these grounds, with the help of an attorney, you would eventually be able to receive a divorce order. 

Do Both Parties Have to Agree to Get a Divorce?

No, both parties do not have to agree to get a divorce. A divorce can be filed by either party by filing a divorce petition along with a summons with the clerk of court and having it personally served upon the other party.

Keep in mind that even though both parties do not have to agree to get a divorce, both parties must agree to waive the 6-month waiting period of living separate and apart prior to a divorce as discussed above.

How Can You Get a Divorce If Your Spouse Won’t Sign?

When one spouse challenges whether the couple should get a divorce or any other reason, it is referred to as a contested divorce. This can take more than 18 months to be resolved.

If both parties do not agree to the issues involved in the divorce, or even to the idea of getting divorced, this will not prevent you from receiving your divorce order. 

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