You may also justify a divorce for irreconcilable differences if you have lived separately from your spouse for more than 2 years, or, if you and your spouse both agree to the divorce and lived separately for at least 6 months.
This is asking the court to hear the issue of your divorce and requests that the marriage be ended. Once served with the divorce papers your spouse has 30 days to file a response to your action. You can then ask for a hearing date to be set. The judge may also order spousal maintenance alimony , to be paid to you, or by you. After both sides have presented his or her case, the Judge will make a ruling. The Judge may or may not rule immediately after the trial but must rule within 60 days. The Judge may take time to think about the evidence presented before making a decision.
Skip to Main Content. Sign In. Do you qualify b. If so, what is the process c.
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If not, what do you do. Standard Dissolution "Divorce" Proceedings a. Jurisdiction b.
Venue c. Starting the process d. What must be included in a Petition for Dissolution of Marriage e. Filing with the Clerk f. Service of Process. After your spouse has been served h. Default i. Prove-up on uncontested proceedings j. Trials on contested proceedings k. Case Management l. Pre-trial or settlement conference m. Subsequent case management n. Final trial conference o. You and your spouse BOTH fill out the paperwork together. You and your spouse BOTH attend court. You OR your spouse was an Illinois resident or was stationed in Illinois while a member of the armed services for at least 90 days before filing your petition asking for a Joint and Simplified Dissolution of Marriage.
The duration of the marriage does not exceed 8 years. You and your spouse do NOT have any children together and have not adopted any children together. Neither you nor your spouse will receive spousal support from the other. You and your spouse have disclosed all assets and liabilities for all years of the marriage.
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You and your spouse have disclosed to each other your income tax returns for all years of the marriage. If you qualify for a Joint and Simplified Dissolution of Marriage, you must complete the following forms: Application for Waiver of Court Fees if applicable. Agreement as to Assets and Debts both parties must sign in front of a Notary Public, who will complete the notary public section. Judgment for Dissolution of Marriage both parties must sign the Judgment. Back to the top 2. You will need to complete the summons form with the case name, the name and address of the opposing party and your information.
Affidavit of Military Service. The Affidavit of Military Service informs the Court whether the Respondent is or might be in the military service of the United States. You must complete the form truthfully and accurately and include your name and contact information at the bottom.
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This form is only required if you and your spouse have minor children together. The form requires detailed information about the children involved in this action and where they have lived for the past five years.
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Complete the form truthfully and accurately and include your name and contact information at the bottom. Certificate of Attorney — Family Division. The Certificate of Attorney — Family Division asks if the parties are involved in another case in another county and identifies the type of case being filed e. Dissolution of Marriage with minor children, Dissolution of Marriage without minor children; etc.
You must fill this out, even if you are representing yourself. Back to the top f. There is a fee, which varies depending on where your spouse lives within the county. If you cannot afford the fee, follow the steps in section 5. The Sheriff only accepts cash or checks. Martin Luther King Jr.
Waukegan, IL A minimum of 2 weeks is required for service. Service by Publication : If you do not know where your spouse lives or works, or if the Sheriff has tried and failed to serve your spouse, then you may be able to serve the Respondent by publishing a notice in a local newspaper.source link
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You must get a Court Order signed by the Judge allowing you to publish the notice in the local newspaper. Apply For Jump to subpage A Dissolution of Marriage commonly referred to as a divorce is a serious legal step which should not be taken without considerable thought. If you are considering such a proceeding, you should note the following: It is in the best interests of each of the parties to consult attorneys regarding the dissolution of their marriage. You should not rely exclusively on this information. This information is intended only as a guide for self-representation.
Once you lose the right to maintenance in a legal proceeding, you can never again obtain maintenance from your former spouse.
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A judgment entered in a dissolution proceeding is final. You will have no right to appeal.