Divorce Without Lawyers Illinois

wikiHow to File for Divorce in Illinois

Image titled Get an Emergency Protective Order Step 6Consider hiring an attorney. Family law is very detailed and far reaching. So many different things are likely to impact your case, and judges have great latitude for discretion. If you can afford a local attorney who knows the types of things your judge favors and disfavors, it would be best to hire one. See How to Find a Good Attorney. If you cannot afford a full-service attorney, some attorneys provide “unbundled services”, which means they will provide limited services to you, such as:
  • Preparing documents
  • Giving you legal advice
  • Teaching you the law as it applies to your case
  • Coaching you through the process.
Determine whether you qualify to file. To file for divorce in Illinois, you have to have resided in Illinois for at least six (6) months. Illinois is also a fault state. This means you can file for divorce immediately for mental cruelty, physical cruelty, drug addiction, or drunkenness.Image titled Claim Compensation for Whiplash Step 27 To file on the ground of irreconcilable differences, you must:
  • Be separated from your spouse for at least two years or six months if you both agree to the divorce, and
  • State that both of you have made all efforts to try to work out your problems, and your marriage cannot be saved.
Be aware of the limits, standards, and thresholds . Read the Illinois Marriage and Dissolution of Marriage Act, 750 ILCS 5, as it pertains to property settlement, custody, and support.Image titled Become an Oncologist Step 6 These statutes will tell you any preferences or presumptions the judge is required to make and what the terminology is for the issue(s) you have, such as:
  • Unless you and your spouse agree on the division of property, the court will equitably divide your assets and liabilities.
  • Child support is based on a percentage of the payor’s net income and the number of children to be supported.
  • Child custody will be determined based upon the best interest of the child.
Locate the appropriate court. Locate the District Court in your county. You will want to file your case in the county in which you and your spouse currently live. If you live in different areas, it is best to file in the county in which your spouse lives so the court will more likely have the power to order support from him or her. Locate and complete the appropriate forms. Illinois Legal Aid provides an interactive program to prepare custom forms for your use at . You can also often get assistance finding and completing your documents at your local self-help center.Image titled Get Grandparents Rights in Ohio Step 4 The forms you need will differ depending on your particular circumstances, but at a minimum will include a summons and petition. The interactive program will provide you with the documents your individual situation requires. To use it:
  • Navigate to the Legal Aid website.
  • Answer the questions asked. They will include information about children and property.
  • Print your documents.

Prepare for filing. Once the appropriate forms have been completed, you will need to sign them. Any forms that have a notary block on them will need to be signed in front of a notary. Most courthouses have a notary on staff or allow the deputy clerk to notarize documents. You can also find notary services at many places like check-cashing businesses, attorney offices, or others. Many banks provide a free notary service to account holders. Make four copies of all documents.

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