Online Uncontested Divorce Features

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It's Over Easy Illinois Online Uncontested Divorce

Services What You Get Cost
AttorneysHigh conflict done-for-you service$15,000 +
It's Over EasyGuided online experience, spousal negotiation tools, premium phone & email support$750 – $2,500
Online CompetitorsDo-it-yourself divorce form filler services~$150
Downtown Chicago, Illinois

How Divorce Works In Illinois

The Illinois divorce process begins with one spouse filing an initial form called the divorce petition. Illinois divorce law no longer recognizes fault divorce, so Illinois residents do not have the opportunity to prove wrongdoing on the part of one spouse in court. Instead, divorcing spouses will indicate in their divorce petition that they qualify for a no-fault divorce. In a no-fault divorce, both parties agree that they would like to end their marriage, which makes for a much simpler and less costly dissolution of marriage.

Illinois couples do have the choice between a contested divorce and an uncontested divorce. In a contested divorce, the parties do not begin their divorce proceedings with a divorce settlement in mind, and each spouse will usually have to hire an Illinois divorce lawyer in order to determine issues like child support, child custody, spousal support, and the division of marital property. If you do not wish to hire an attorney, then divorce mediation is also an option, and if you want your own representation but are open to a more amicable process, then collaborative divorce might be right for you. Sometimes, however, the parties will end up in court, where a judge will decide how these issues should be resolved. In an uncontested divorce, both parties agree on the substantive issues that go into a marital settlement agreement.

The uncontested divorce process is pretty straightforward, so it is usually not necessary for either spouse to hire a divorce attorney for an uncontested divorce in Illinois. However, some people can afford the expense and feel more comfortable working with a lawyer. The role of an uncontested divorce lawyer is mostly to educate their client about Illinois family law and guide them through the dissolution process. An experienced attorney is surely an excellent resource, but it is also possible to educate yourself in other ways.

In the least complicated cases of uncontested divorce in Illinois, couples may be eligible for what’s known as a joint simplified divorce. A joint simplified divorce allows the parties to end their marriage in much less time, with far fewer divorce papers to fill out. If a couple is not eligible for a simplified divorce, online divorce is also an easy option for uncontested divorce in Illinois. The services offered by an online divorce platform are limited compared to what you might find at a law firm, but they will fill out all of your divorce forms for you at a low, flat-rate cost, and depending on the county you live in, you may never have to appear in court.

It is important to note that the divorce paperwork is identical for the dissolution of civil unions, which the state of Illinois still offers. Civil union has become considerably less common since the legalization of same-sex marriage, but many more that were performed prior to the change in law are still in effect today.

Illinois is an Equitable Distribution State

Like most US States, Illinois law divides marital property and debts according to the doctrine of “equitable distribution.” This means that the court begins with a presumption of a 50/50 split, but then makes a decision based on fairness, specific to the given parties and their divorce case. Your assigned judge will have pretty wide discretion in distributing your marital property, but an experienced divorce attorney should be able to give you a pretty good idea of what might happen. In an uncontested divorce, the divorcing couple simply tells the court how they would like to divide their assets, and the judge will sign off on the plan as long as it seems fair and there is no apparent coercion.

How Long Divorce Takes in Illinois

Unlike most states, Illinois does not require a formal “cooling-off” period between the initial filing of the petition and the issuance of a final divorce by the Illinois State Circuit Court. This means that there is no legal minimum amount of time that the Illinois divorce  process must take. However, if you are filing a no-fault divorce, then you and your spouse must either attest that at the time of filing, you have already been experiencing irreconcilable differences for at least six months, or you must formally waive this waiting period by written agreement. A formal legal separation is not required in order to be granted a divorce.

Illinois Grounds for Divorce

Illinois law no longer recognizes fault divorce. This means that wrongdoing on the part of one spouse such as adultery, abandonment, or cruel and inhumane treatment cannot be proven in court as a part of your divorce proceedings. Instead, Illinois couples may simply indicate that they are experiencing an irretrievable breakdown of their marriage due to irreconcilable differences, and the court will grant them a divorce on that basis alone.



Illinois Child Custody

There are two kinds of child custody -- physical and legal. Physical custody addresses where the child is living and which parent is responsible for their daily care. Legal custody addresses how important decisions are made for the child regarding topics like healthcare, religion, and education. Physical and legal custody do not necessarily have to be split up the same way; in an uncontested divorce, parents can decide on an arrangement that works for their family. In making custody decisions, Illinois courts try to assess what arrangement is in the best interest of the child. In Illinois, children over the age of 14 are usually allowed to make their own decision regarding which parent they will live with, as long as the judge does not believe that the child’s wishes will be to their detriment.

Illinois Child Support

In Illinois, child support is calculated based on the income of both parents, certain expenses associated with raising the child, and how much time each parent has the child in their custody. Child support orders remain in effect until the child turns 18, or 19 if the child remains in high school. In an uncontested divorce, you and your spouse may negotiate child support on your own, subject to the court’s approval. Basically, Illinois courts want to see that both parties are taking this parental responsibility seriously, but parents can usually choose the exact figure themselves.

Illinois Co-Parenting

For couples with kids, one of the most important aspects of negotiating a settlement agreement is developing a joint parenting agreement. This plan will outline whether custody and parenting time will be shared equally between you and your spouse, or if one parent will be the child’s primary caregiver. You can visit www.custodyexchange.com if you would like to see examples of common co-parenting schedules.

Illinois Alimony

Alimony -- also known as spousal support or spousal maintenance -- is money that the law requires one spouse to pay the other following the dissolution of their marriage. It is usually paid on a monthly basis, and it is completely separate from child support. Illinois courts make orders for spousal maintenance based on a specific formula, but you and your spouse are allowed to negotiate your own maintenance amount if you wish. In court, the duration of your marriage will usually decide the duration over which alimony will be paid, but you and your spouse are also allowed to make that decision on your own in most cases.

Illinois Filing Fee

In Illinois, it costs approximately $350 to file for divorce, depending on the county in which you are filing. You can visit your local court website to find the exact amount you will be required to pay. This number only constitutes basic court fees, so while it is possible for an uncontested divorce to cost only $350, a more complicated case will pose additional expenses and cost considerably more. It is up to you and your spouse to negotiate splitting these fees if you would like.

Illinois Residency Requirements

Illinois has a relatively relaxed residency requirement compared to many other states. In order to file for divorce in Illinois, at least one spouse must have been a resident of the state for 90 days prior to filing. You can however file for divorce in whichever county in which you reside, regardless of whether you have been there for at least 90 days.

Illinois Divorce Courts

Illinois Divorce Articles

Online Divorce Info on Other States

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Illinois Divorce & Coronavirus

 

Different counties in Illinois are responding to the COVID-19 pandemic in different ways, and you can visit your local court website for the most precise and up-to-date information about the health measures being taken. For example, in Cook County, civil cases are only being heard in person in cases of emergency (all other cases are being heard remotely), and everyone entering the court must submit to a temperature check, wear a facial covering, and maintain physical distancing. There may also be court delays associated with the current public health crisis. Check Illinois COVID-19 court updates for more information, including court delays or closures. If you opt for an online divorce with It’s Over Easy, your divorce will for the most part be unaffected by COVID-19.

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