Uncontested Divorce in Illinois

It has been proved that 50 percent of the marriages in the United States end up in a divorce. However, it is crucial that what percentage of these divorcing couples terminate their marriages after totally agreeing with each other on the vital issues of the divorce like property distribution, alimony, child custody, child support etc.

In this state, the divorces are classified as fault and no-fault divorces and these might be contested or uncontested. It has been proved that no-fault, uncontested divorces progress through the courts rapidly and less expensively.

Grounds of Uncontested Divorce in Illinois

Fault grounds

• Conviction of a felony.
• Infection of a sexually transmitted disease.
• Drug addiction or drunkenness.
• Physical cruelty.
• Alienation of affection.
• Adultery.
• Mental cruelty.

No-fault grounds

The issue that is termed as no-fault divorce in other jurisdictions is called “irreconcilable differences” in this state. This implies the following 3 points.

• The differences between the divorcing parties have resulted in an irretrievable breakdown in the marriage.
• The efforts of reconciliation in the past have failed.
• Any efforts of reconciliation in the future would be impractical and would not serve the best interests of the family.

In case of no-fault divorces, if the couple lives apart and in the absence of cohabitation for 2 years, then the divorce is granted. If none of the spouses contest the divorce, then a 6 month period of absence of cohabitation is sufficient. There is no concept of a minimum waiting period from the divorce petition or filing and the grant of the dissolution.

Process of Uncontested divorce in Illinois

In this state, the forms of the essential paperwork and the filing procedure alter from one county to another. However, the formal of any procedure is as follows.

• The petition for divorce is filed in the circuit county court. This document is named as the “Petition for Dissolution of Marriage.”
• The Respondent is notified by means of a Summons that he or she has been sued.
• A hearing date is obtained.
• Forms that are essential for the hearing are completed.
• The divorcing partners remain present for the hearing.
• The Judge’s order is followed by the divorcing couple.

The Petition for Dissolution of Marriage is served with a Summons by a private process server or a sheriff. The filing of this divorce petition is associated with a fee that is different in different counties. In case on uncontested divorces, there is a brief divorce hearing and only the Petitioner is expected to remain present for it. This petition comprises of the following information.

• Information about each divorcing partner, like
  • Name
  • Age
  • Occupation
  • Address
  • Duration of residence in this state
• Place and Date of marriage.
• Whether any other divorce is pending in some other jurisdiction?
• It is stated that the divorcing partners are residents of this state and fulfill the jurisdictional requirements of the state.
• The grounds of divorce.
• Whether the female divorcing partner is presently pregnant?
• Arrangements for the visitation, custody and support of any children.
• Plan of spousal support.
• Request of relief like approval of parenting agreement, approval of marital settlement form or dissolution of marriage.

Divorce Papers