What Is a No-Fault Divorce, When Did It Start and Why It Can Be Bad
Table of Contents
- Illinois Divorce Records
- What Are the Residency Requirements for Divorce in Illinois?
- What Are the Grounds for Divorce in Illinois?
- How Much Does It Cost to File for Divorce in Illinois?
- How Long Is the Waiting Period for Divorce in Illinois?
- How To File for Divorce in Illinois?
- Are Divorce Records Public in Illinois?
- How To Get Certified Copies of a Divorce Decree in Illinois?
- Divorce Settlement: Is Illinois a 50/50 State?
- FAQs about the Divorce Process in Illinois
Illinois Divorce Records
Divorce rates have been on a steady decline in Illinois in recent years. The state has one of the lowest divorce rates in the United States with 1.1 divorces per 1,000 population as of 2022. This divorce rate is much lower than the national rate estimated at 2.4 divorces per the same sample size.
Typically, the clerk of the circuit courts in Illinois maintains records of divorce petitions and judgments filed in their jurisdictions. At the state level, you may verify the facts of a marriage dissolution with the Division of Vital Records in the Illinois Department of Public Health.
In Illinois, divorce records are categorized into three main types:
- Divorce decree: This is the final court order officially terminating a marriage. The record outlines the court's rulings on all issues in the divorce case, including child custody, spousal support, and property division. A divorce decree is created by the circuit court where the divorce case is heard and signed by the judge in the case after the conclusion of all case matters. It is maintained by the clerk of the circuit court.
- Divorce certificate: A divorce certificate is a summary document verifying that a divorce occurred. It states basic divorce information such as the names of the parties, the divorce date, and the location of the divorce. The divorce certificate is compiled by the IDPH (Illinois Department of Public Health) based on court records.
- Divorce case files: These refer to all documents and filings with the court in a particular divorce proceeding. It includes motions, petitions, evidence, affidavits, and transcripts. Divorce case files are created by the circuit court clerk in the county of filing.
What Are the Residency Requirements for Divorce in Illinois?
Per § 750 ILCS 5/401 (a), for an Illinois court to enter a divorce judgment, one of the spouses must be a resident of the state or stationed in Illinois while a member of the armed services, and the residence or military presence was maintained for 90 days.
What Are the Grounds for Divorce in Illinois?
Per 750 Ill. Comp. Stat. § 5/401(a), irreconcilable differences leading to the irretrievable breakdown of a marriage are the only grounds upon which an Illinois court may grant a divorce. Hence, Illinois may be considered a "no-fault" state. Consequently, spouses do not need the consent of their partners to file for or be granted divorce in Illinois.
Note that Illinois courts presume irreconcilable differences if spouses have lived apart for at least six months before finalizing a divorce.
How Much Does It Cost to File for Divorce in Illinois?
The cost of filing for divorce in Illinois varies by county, but the average filing fee is approximately $250-$400. In DuPage County, it costs $388 to file for divorce in the circuit court in the county.
Other costs you may expect to incur when finalizing a divorce in Illinois include:
- Attorney fees
- Mediation or arbitration costs
- Custody evaluations
- Child support and parenting plan expenses
Note that the national average cost for a divorce is around $15,000. In Illinois, the median cost for divorce is about $13,800. Comparatively, in Indiana, the median cost is approximately $12,000, while in Wisconsin, it is closer to $11,300.
How Long Is the Waiting Period for Divorce in Illinois?
There is no mandatory "cooling-off" period for spouses who file for divorce in Illinois. However, if a spouse cites irreconcilable differences as the grounds for a divorce, the state requires a mandatory six-month separation period. Note that this period may be waived if both spouses in a divorce case agree that they have irreconcilable differences.
Note that a waiting period is not the same as a separation period. Waiting period refers to a set period in which a couple is required to wait for divorce before it is finalized. However, a separation period is a required time during which the couple must live apart before the court may grant a divorce.
How To File for Divorce in Illinois?
You may file for divorce in Illinois by following these steps:
- Meet Residency Requirements: At least one spouse must have lived in Illinois for 90 days before filing for divorce.
- Choose Grounds for Divorce: Illinois allows only no-fault divorce based on irreconcilable differences
- Complete and File Required Forms: Download the appropriate forms from the Illinois courts website and complete them. File the completed forms with the circuit clerk's office in the county where either spouse resides.
- Pay Filing Fees: Filing fees vary by county but typically range between $250 and $400. Check with the clerk of the county court to see if you are eligible for fee waivers if you are unable to pay the filing fees.
- Serve Your Spouse: Provide your spouse with copies of the divorce petition and summons via certified mail, sheriff, or a private process server.
- Respond to the Petition: If the divorce is uncontested, your spouse may agree to the terms and file a written response or waiver. For a contested divorce, your spouse may file a response challenging terms such as property division, custody, or support.
- Engage in Discovery (Contested Divorce): Discovery is the exchange of financial and personal information. Here, both spouses disclose income, assets, debts, and expenses.
- Negotiate and Finalize an Agreement: In uncontested cases, the couple submits a marital settlement agreement detailing property division, custody, and support. In contested cases, the court may require mediation to resolve disputes.
- Attend Court Hearings: For uncontested divorces, a short hearing finalizes the process. For contested divorces, multiple hearings may be required to settle disputes before a judge issues a final divorce decree.
- Obtain the Final Divorce Decree: After all issues are resolved, the judge will issue a final order, officially ending the marriage.
The Nineteenth Judicial Circuit Court and the Illinois State Bar Association provide online resources for persons looking to file for divorce in Illinois.
Are Divorce Records Public in Illinois?
The Illinois Freedom of Information Act (FOIA) makes divorce records accessible to the public. Typically, anyone may request access to these records from the official custodians. However, certain restrictions apply to protect the privacy of the persons named on divorce records.
Generally, only limited divorce record information is accessible to the public. These may include the name of the involved parties, the divorce date, and the county where divorce proceedings were held. However, sensitive or personal information such as financial details, addresses, phone numbers, and child custody arrangements may not be publicly available.
How To Get Certified Copies of a Divorce Decree in Illinois?
Divorce decrees are generally accessible by the parties involved in the divorce, legal representatives of the spouses, immediate family members, government entities, and other authorized representatives.
Divorce decrees are obtainable from the office of the clerk of the circuit court in the jurisdiction where the case was filed. The cost of obtaining a divorce decree varies from one county to another. For instance, in McLean County, the cost for a copy of a divorce decree issued by the court in the county is $2 for the first page, $0.50 for the next 19 pages, and $0.25 per page for each page thereafter. Note that certification may be had for an additional $10.
Divorce Settlement: Is Illinois a 50/50 State?
Per divorce matters, Illinois is not a 50/50 state. Property distribution in Illinois divorces is guided by the principle of "equitable distribution." Consequently, rather than divide property equally in a 50/50 manner, the division is based on what the court deems fair in the specific circumstances of each case.
The court will consider factors such as the length of the marriage, the financial and non-financial contribution of the spouse, their needs and debts, the standard of living established in the marriage, and contributions to the acquisition, preservation, or increased value of marital property. Hence, one spouse may receive more property than the other if the court determines that existing circumstances in the marriage and divorce require it.
FAQs about the Divorce Process in Illinois
Here are answers to frequently asked questions about the divorce process in Illinois.
How Do I Modify a Divorce Decree in Illinois?
To modify a divorce decree, one of the divorced spouses must file a Petition for Modification with the circuit court in the jurisdiction where the original divorce decree was issued. After, the other divorced spouse must be served the Petition, and they may choose to file a Response.
After, the court will schedule a hearing where the involved parties must appear present evidence, and argue their case. If the judge decides a modification is necessary, a new order stating the changes will be issued.
How Do I Enforce a Divorce Decree in Illinois?
Illinois allows a divorcing party to file a Petition For Rule to Show Cause in order to enforce a divorce decree. This Petition requests the court to hold the violator in contempt of court due to their violation of the divorce decree. This petition must be in writing and state the provisions alleged to have been violated. Also, a copy of the divorce decree must be attached to the petition, and the violator must be properly served. After, attend the scheduled court hearing and argue your case.
Common reasons why a divorced party may need to enforce a divorce decree include failure to pay child support or spousal maintenance, non-compliance with parenting time or custody orders, and non-transfer of property or assets.
What Are the Restrictions to a Divorce Decree in Illinois?
Under 750 ILCS 5/610.5, 750 ILCS 5/510(a), and 750 ILCS 5/510(a-5), modifications may be made to child custody and parenting time, child support, and spousal maintenance orders in the divorce decree when there is a substantial change of circumstances. Illinois defines a substantial change of circumstances as a material change in the conditions impacting either the divorced party or the children subject to the divorce decree.
A substantial change in circumstances includes situations where a parent becomes unable to care for a child, a parent becomes disabled, the child subject to the decree has developed special needs, a spouse has remarried, or when allegations of unfit parenting arising from child abuse, abandonment, or substance abuse.
However, property division orders are more difficult to modify. Per 750 ILCS 5/502(f), a property division order may be modified in instances where a divorced spouse had undisclosed assets or failed to provide the required financial information during the divorce.
Can I Efile My Divorce in Illinois?
E-filing is the required filing method for courts in Illinois and is mandatory in all civil cases. It may be done using the centralized electronic filing manager, known as eFileIL.
How Do You Serve Divorce Papers in Illinois?
Illinois provides several ways to serve divorce papers. Divorce papers may be served by the county sheriff, private process service, personally by the individual who submitted a divorce petition, and by a non-licensed individual. If service is being done by a non-licensed individual, they must be aged 18 or older, not be a party to the case, and be authorized by the court.
Additionally, service may be done by publication in a local newspaper (typically used as a last resort). In some cases, particularly for out-of-state respondents, service via certified or registered mail may be allowed with the court's approval.
Does Illinois Mandate Couples to Participate in Divorce Mediation or Counselling?
Illinois only mandates mediation in a divorce process if the parties involved have a child or children together. Judges in the state generally order divorcing parties to participate in mediation if they cannot agree on a parenting plan as part of the divorce or when they cannot agree on enforcing or changing their current plan.
How Do I Seal My Divorce Records in Illinois?
You may seal your divorce records or some portions of it if you have sufficient reason to convince the court to issue a sealing order. Illinois courts may allow entire or parts of a divorce record to be sealed to protect the personal privacy of involved parties or to ensure the confidentiality of financial or business information.
How Does Illinois Calculate Alimony?
Illinois courts have discretion in determining the amount and the duration of maintenance or alimony in cases where the combined gross income of the couples exceeds $500,000 per year. Some of the factors considered before granting alimony include income and property, the needs of each party, earning capacity, contributions during marriage, the age and health of each spouse, the duration of the marriage, standards of living, and prenup or postnuptial agreements.
However, if the couple's combined gross income is lesser than the stated amount, alimony is determined by removing 25% of the recipient's net income from 33.3% of the payer's net income. Still, the recipient's share is not allowed to exceed 40% of the net income of the household.
Common factors that may cause the termination of alimony in Illinois include remarriage or cohabitation with a romantic partner, death, and a court order. Alimony arrangements may be modified due to substantial changes in circumstances such as disability, retirement, or job loss.
How Do I Access Historic Divorce Records in Illinois?
Divorce records are maintained by the clerk's office in the circuit courts in the state. Hence, you may contact local circuit court offices to access old divorce records. Also, the Division of Vital Records has records of marriage resolutions in the state from 1962.
For older divorce records, you may contact the Illinois Regional Archives Depository (IRAD). Searches may be made for historic divorce records for genealogical research, verifying marital or property settlements, and uncovering familial relationships or inheritance claims.
