You do not always need to refinance to remove your name off of a Note. If you have a divorce decree that stipulates he is to retain the home only, then call your mortgage servicer and see if he can assume it in his name only. This is considered an exception with assumptions.
Refinance your mortgage Some divorcing couples with a joint mortgage refinance to a new mortgage in only one person's name. This releases the other person from responsibility for the mortgage. That person must also be removed from the house title, which you can do with a quitclaim deed.
Get legal advice. With the divorce, you can sign a quit claim to the property and the ex must refinance to remove your name from the mortgage. Insist on a tight agreement that requires refinancing or a sale of the home so you get part of the equity and freedom from the existing mortgage.
Illinois is an equitable division state. Rather than getting a 50/50 split, marital property is divided equitably in a divorce between spouses, or as fairly as possible. The court makes the decision and includes a long list of factors, including the marriage length and earnings of both spouses.
Can I file for divorce by myself? Yes, you can file for divorce on your own. You do not need the other party or an attorney to file for divorce. But the other party will be a part of the process once you serve them the divorce papers.
In Illinois, an uncontested divorce generally ranges from $1,000 to $5,000. It's a relatively painless process, especially if the divorce is simple and both parties are in agreement.
Like it or not, filling out your Financial Affidavit is an integral part of the divorce process in Illinois. Each party to the proceedings must share their financials with the other – completely and with full transparency – so that they can split up the marital estate and move forward.
The Domestic Relations Division of the Clerk of the Circuit Court holds the records for dissolution (divorce), legal separation and invalidity for both marriages and civil unions, as well as Allocation of Parental Responsibilities and Parenting Time or Visitation Non-Parent.
Uncontested divorces take anywhere from two months to a year. The main things delaying an uncontested divorce are the planning and the court's calendar.
Successfully Living Together During Divorce Be respectful of the other person's privacy. Decide together how the household will run. Have integrity and honor your word. Get everything in writing. Do not involve the children in the divorce.