An Illinois Order (Divorce) is a document issued by a court in the state of Illinois that legally dissolves a marriage. There are two types of Illinois Order (Divorce): contested and uncontested divorces. A contested divorce is when the spouses cannot agree upon the terms of the divorce, such as child custody, division of assets, or spousal support. In this situation, the court will intervene to settle the dispute and issue an Illinois Order (Divorce) to make the decisions. An uncontested divorce is when both spouses agree on the terms of the divorce and can come to an agreement without court intervention. In this situation, the court will issue an Illinois Order (Divorce) to finalize the divorce. Both types of Illinois Order (Divorce) will include information such as the date the divorce was filed, the names of the parties, the division of assets and debts, and any additional court orders such as alimony or child support.
Illinois Order (Divorce)
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FAQ
The first step is to file a petition for divorce in the county in which one or both of the parties reside. In Illinois there is no waiting period to file a petition; however, a judgment may be granted once a party has resided in Illinois for 90 days.
How long do you have to be separated before you can get a divorce in Illinois? You must be separated from your spouse for six months in order to file for divorce in Illinois.
Illinois is an ?equitable distribution? state, which means the court won't simply divide marital property evenly. Rather than splitting everything 50/50, they look at each party's current situation and future needs.
If a spouse will not sign the final divorce documents, you cannot get divorced in Illinois unless you default that spouse. This requires filing the Petition For Dissolution Of Marriage, attaching a summons and serving both documents upon the spouse who refuses to sign.
The fastest way to get a divorce in Illinois is to get an uncontested divorce. This requires that you and your spouse agree on all issues. If you can get your spouse to sign an Entry of Appearance, Waiver and Consent form (Form-540-Entry-of-Appearance-Waiver-and-Consent.
In Illinois, there is no mandatory waiting period for an uncontested divorce as long as you meet the residency requirements. A contested divorce usually has a waiting period of six months. Overall, finalizing a divorce in Illinois can take anywhere between two months and a few years.
The easiest type of divorce, which takes the least amount of time, is called an uncontested divorce. This relatively fast divorce happens because all of the major issues have been agreed upon by you and your spouse.
If a spouse will not sign the final divorce documents, you cannot get divorced in Illinois unless you default that spouse. This requires filing the Petition For Dissolution Of Marriage, attaching a summons and serving both documents upon the spouse who refuses to sign.