How to File for a Divorce by Yourself in Illinois
Divorce can be a complicated and emotional time for everyone involved. In the state of Illinois, if the divorce is uncontested and both parties agree to end the marriage, then you can go with a do-it-yourself divorce. If there are disputes with child custody, property, financial dependence or responsibility of debts, then it's better to seek help from a legal professional. But if there are no conflicts, you do not need to hire an attorney.
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Instructions
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Make sure you have the proper jurisdiction and grounds for a divorce. You do not have to have been married in Illinois, but you need to have been a legal resident of the state for 90 days prior to filing for a divorce. You can file in the county in which either spouse resides.
You do not have to list a reason, because Illinois is a no-fault divorce state. In most uncontested divorces, no reason is listed, to protect the privacy of both parties. If you need to provide a reason, a divorce can be granted if either spouse is sexually impotent or was in a prior marriage at the same time as this marriage, if one spouse has deserted the other for at least a year, has committed adultery, has been convicted of physical or mental cruelty or is infected with a sexually transmitted disease.
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Determine which divorce is right for you. In Cook County (Chicago), if both parties make less than $35,000 per year and have been married for fewer than eight years, there is a simplified dissolution of marriage option. There is a three-page packet to fill out. Both parties agree how to divide the property and debts. Both parties must sign an affidavit stating that property has been divided. Then the paperwork is submitted for a judge to grant an order of divorce.
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If you do not qualify for the simplified joint divorce option, you will need to find out which circuit court to file in. You will need to either go to the courthouse or print the Petition for Dissolution of Marriage form from the court's website, if available. The form must be filed with the circuit court clerk. If the divorce is uncontested, both parties can draft terms of the divorce, which will stipulate division of property, debts, alimony, child support and child custody. File a Stipulation for Uncontested Hearing with the court to help expedite the proceedings.
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