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You will need to let the Court know you would like to divorce your spouse. This is done by filing a petition for divorce. Fill out the Petition for Dissolution of Marriage/Civil Union (Divorce with Children). Efile or bring your completed form to the Clerk's office at the Winnebago County Courthouse.
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.
Expect to wait at least a month for mediation. If mediation fails, the court will schedule a trial. Expect to wait around six months for this. Finally, after trial, expect to wait 60?90 days for the court's final divorce decree.
In Illinois, there is no official age for when a child can decide where they want to live. However, judges consider a child's independent preferences based on their age. At 14 years old, the courts start to consider a child's parental preference and give it more weight until they turn 18.
If in case your husband is not agree you can approach to the court by explaining the reason for divorce. you have to give reason to the court. Example : divorce can be on the basis of cruelty , mental torture, assault etc. For custody of child you have to file petition under section 7 of guardianship and wards act.