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Commonly Asked Questions about Illinois Divorce Forms

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.
How long do you have to be separated before you can get a divorce in Illinois? You must be separated from your spouse for six months in order to file for divorce in Illinois.
What Is the Cheapest Way to Get a Divorce in Illinois? An uncontested divorce is usually the cheapest way to get a divorce in Illinois. In this type of divorce, both parties come to an agreement on most aspects and file jointly.
Divorce Filing Fees in Illinois If you cant afford to pay the filing fees, you can ask the judge to waive them. You can request a fee waiver by filing an Application for Waiver of Court Fees. Illinois Legal Aid Online has an online program to help you prepare a fee waiver.
This non-sheriff person who serves divorce papers is called a special process server. If you file a motion to appoint a special process server and ask to use someone else to serve your spouse, the court MAY grant that motion. The court cannot allow a spouse to serve their own spouse in an Illinois divorce.
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 spouses income must fall below the poverty line.
Generally, each party pays for their own divorce fees and costs.
The first step is to file a petition for divorce in the county in which one or both of the parties reside. In Illinois there is no waiting period to file a petition; however, a judgment may be granted once a party has resided in Illinois for 90 days. The fee for filing the divorce petition is different in each county.