What Do I Need to Know About Filing Divorce in Illinois with Help Yourself Divorce?
Help Yourself Divorce is a no-fault divorce service, for those who agree on the terms of the divorce and are both willing to sign the papers. The following is a list of requirements and information about what to expect from the process. Please note that this will only apply if you use the services of Help Yourself Divorce. Those seeking to use another route for their divorce should perform their own research about what to expect from the process.
Illinois Grounds for Divorce.
Because Help Yourself Divorce is a “no-fault” divorce service, we will prepare your divorce papers based on the no-fault grounds that you and your spouse have been separated for at least 6 months. This means you and your spouse agree to file a no-fault divorce. If you have not yet been separated for at least 6 months, then you will be unable to file using our service until this requirement has been met. If you are not actually living separately and have questions about whether your particular circumstances qualify you as being “separated”, please seek advice from an attorney.
Illinois Residency Requirements.
At least one spouse must have been a resident of the state of Illinois for 90 days before you can file for divorce.
If you and your spouse have minor children, the court must have jurisdiction over them. Generally this means your children must have lived in Illinois for at least six months and currently live in Illinois, or have lived in Illinois within six months of filing.
Filing for Divorce in Illinois.
Generally you will file your divorce in the Illinois county where either spouse lives.
Illinois Divorce Filing Fees.
When you file the papers, you will have to pay a separate filing fee to the Courts. Please check with your local court clerk to find out how much the current filing fee is.
Serving Your Spouse.
After you file your divorce papers with the court, you will need to “serve” your spouse with a copy of the divorce papers. However, in an agreed divorce, formal service by process server or Sheriff is not required. All you need to do is hand-deliver or mail a copy by regular mail. Your spouse will then sign a document stating he or she received the papers, and that document is filed with the Court.
Waiting Period.
There is no specified waiting period before your divorce can be finalized. How long it takes will depend on the schedule of the court.
Illinois Final Uncontested Divorce Hearing.
Your divorce is finalized during a brief uncontested divorce hearing, which only the petitioner is required to attend. Your spouse can attend if desired, but he or she is not required to.
If you have any questions about whether our service is right for you, please don’t hesitate to contact us.
IMPORTANT: Help Yourself Divorce is a paralegal service, not a law firm. Please don’t rely on this information for legal advice. Seek help from an attorney if you need legal advice.