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You do not need the other party or an attorney to file for divorce. But the other party will be a part of the process once you serve them the divorce papers.
The Uncontested Divorce Process in Illinois To start the uncontested divorce process, you or the other party files the necessary paperwork with your county's clerk of courts.
The fastest way to get a divorce in Illinois is to get an uncontested divorce. This requires that you and your spouse agree on all issues. If you can get your spouse to sign an Entry of Appearance, Waiver and Consent form (Form-540-Entry-of-Appearance-Waiver-and-Consent.
In Illinois, obtaining a divorce without legal representation, including handling matters such as spousal maintenance, is possible. One spouse must have lived in the state for 90 days before filing for divorce, per Illinois divorce law; this is a requirement in most states.
For most counties, these are the necessary documents: Petition for Dissolution of Marriage/Civil Union. Financial Affidavit. Proof of Service/Delivery. Response to Petition. Summons. Certification Agreement. Judgment of Dissolution.
Uncontested. An uncontested divorce is the cheapest method. In an uncontested divorce, parties agree on the vast majority of things and file together.
An uncontested divorce is one where the divorcing parties file together. They share an attorney and agree on how to move forwards. Uncontested divorces take anywhere from two months to a year. The main things delaying an uncontested divorce are the planning and the court's calendar.
Eligibility for a Free Divorce in Illinois First and foremost, you must meet certain residency and financial requirements. At least one spouse must have lived in the state for a minimum of 90 days before filing the divorce petition. Additionally, the lower-earning spouse's income must fall below the poverty line.