Contents
Intro
Putting an end to your marriage because it’s broken beyond repair? Filing for divorce is the next step you have to take. A lot of folks think that the best way to go through a divorce process is with a lawyer. But there are ways to get around a lawyer and still have a hassle-free divorce!
If you’re living in the state of Illinois and need a divorce, hiring an attorney for the entire process could deter you. All things being equal, the cost of divorce using a lawyer averages $25,000 for the entire process!
So, if you don’t have the money and still need your marriage to get dissolved, you need to know the ways to file for divorce without a lawyer in Illinois.
With the information listed below, you’d learn how to get divorce papers, navigate an uncontested divorce, divorce over the internet, and more.
The relationship with your spouse isn’t redeemable, but you’ll at least get to end things on a budget.
Divorce in Illinois
If you’re planning to apply for divorce in Illinois, you should know everything about the state’s stance on the process.
In Illinois, divorce is termed “dissolution of marriage”.
Getting a divorce in Illinois has to be founded on certain grounds. These grounds for divorce are laid down by the state and include both no-fault and fault-based options.
A “no-fault” divorce means that neither spouse was at fault for the breakup. Therefore, neither spouse will have to prove the other’s misconduct. This is the most popular option, especially for couples seeking a divorce without an attorney.
Couples filing for a no-fault divorce have to fulfill the following requirements by law:
- The couple has lived separate and apart for 2 years (which can also be under the same roof if they lived as if they were separate and apart – basically as roommates)
- The marriage is irretrievably broken
- Efforts to fix the marriage have failed
- Further efforts to fix the marriage would not be in the best interests of the family
If both couples agree in writing, the 2-year separation can be reduced to 6 months.
Fault-based grounds, which must be proven in court include:
- adultery
- felony conviction
- bigamy
- impotence
- alcohol or drug abuse
- extreme physical or mental cruelty
- abandonment for one calendar year
- infecting the other spouse with an STD or STI
- physically abusive
Illinois also requires that couples seeking dissolution of marriage have to meet its residency requirements. To file for the dissolution of marriage in Illinois, at least one of the spouses must have lived in the state for at least 90 days. The divorce can be filed in the county where either spouse currently lives.
Way 1: Divorce by Mediation
A couple wanting to end their marriage quickly can opt for a divorce without an attorney. Following the mediation process for divorce allows both parties the freedom to agree on any unresolved issues such as alimony payments, custody, and more.
In Illinois, spouses that opt for mediation don’t have to hire a lawyer to see the divorce through. The process of mediation is detailed below:
- The couple meets with a mediator for the first time. This meeting involves both spouses presenting relevant documents showing their financial information. Important forms for the divorce are also presented to the mediator.
- Subsequent meetings with the mediator involve negotiations surrounding essential parts of the divorce agreement. Points such as child custody, property division, and spousal support usually come up in such meetings.
- The mediator records any agreements reached during the negotiations. After the agreements are concluded, the mediator drafts an MoU for the divorce process.
- The couple files the MoU with their other divorce documents to move their divorce without a lawyer forward in the court.
Although divorce by mediation is a fast and affordable process, it can only happen when the couple wants to reach an agreement on any conflicting interests. For example, if one doesn’t want the marriage to end and the other wants the split, mediation will not work.
Also, in situations where a spouse has reservations on several terms in the agreement, mediation is not likely work.
Way 2: DIY Divorce
In Illinois, you can utilize one of the most inexpensive ways to get a divorce – a DIY divorce. A do it yourself divorce involves a spouse completing the divorce process on their own from start to finish.
You can get divorce forms from the Illinois Supreme Court through its website. Forms may differ based on your county of residence or where you choose to file the divorce.
If you have little information on what papers you need for your divorce, check with your local clerk of court for more details.
You will have to file a petition at the local circuit court of your choosing. The filing spouse is referred to as the “petitioner”, and the other spouse is the “respondent”.
When filing for divorce, you’ll be required to pay a filing fee. In most Illinois circuit courts, this charge does not exceed $400. If you cannot afford this fee, waivers are available in some courts. When filing for a fee waiver, you’ll have to prove your financial hardship with evidence.
Your spouse needs to be served with a copy of the divorce documents using a qualified representative from the sheriff’s office. In some cases, any adult that is not a party in the case can conduct the service.
If you use the sheriff, you’ll receive a proof of service document that you must be filed at the court. After your spouse receives the documents and signs off on them, the papers have to be returned to the court for approval.
Way 3: Online Divorce
You should consider getting an online or Web divorce when you need essential support for your divorce without an attorney.
This is the fastest method by miles for initiating a divorce proceeding. Online divorce is a very popular choice for DIY couples looking to avoid the hassle of paperwork while going through a divorce without an attorney. The online divorce site will provide you with 100% legal paperwork completed in as little as 2 days.
But after filing the paperwork, expect a 30-day waiting period while you wait for your spouse to get served and for the divorce to get approved.
You can check out your eligibility for an online divorce through Online Illinois Divorce. After answering a few quick questions, you can get your divorce forms completed online.
This is one of the most efficient methods to get your papers to the courts, and you won’t need a lawyer to put an end to your unbearable marriage.
Verdict
Filing a divorce used to be an expensive, divisive, and tedious procedure. But with the methods outlined above, getting a divorce has never been easier.
The ways to file a divorce without a lawyer in Illinois will get you a neat breakup, give you an avenue to settle most terms, and get the process done within no time at all.
