The information available at this site is excerpted from the
books and publications published by Pro Se Publications (unless otherwise
noted), and is provided for educational purposes only. It is
intended solely for general information, and is not intended to be legal
advice for a specific situation.For additional information, see ourcopyright, disclaimer, guarantee, legal stuff.
The Modern
Divorce.
The modern day
Illinois divorce is usually little more than a simple clerical
matter. By the time you have made the decision to
get a divorce, the marriage has ended, and all that remains is to take care of
the legal ties.
Ending the legal ties often includes dividing up any property from
the marriage or just identifying the separate property of the
parties.
If there are children of the parties, typically custody, child
support, and visitation, will be set out in the divorce paperwork making it
easier on every one involved - including the children.
Clearly spelling out who is to do what, when, and under what terms
and conditions, eases the normal stress of a divorce, leaving less to be
'argued' over.
Child support is calculated based on
the Illinois State Guidelinesfor determining child support, eliminating what might
otherwise be the biggest 'problem area' between divorcing parents. Unless the
parents reach an agreement about the amount of child support to be paid, the
Illinois State Child Support Guidelines are presumed to produce an amount of
support that is fair and equitable to the parents and more importantly, in the
best interest of the children. It is now the policy of virtually all states to
encourage joint legal custody of children whenever practical. Joint legal custody does not necessarily mean a 50:50 time
sharing of the children, although some parents are very creative in working
out a parenting plan doing just that, or at least close to it. Joint legal
custody also does not mean that there won't be any child support ordered.
Joint legal custody is in reality is more a50:50
sharing of the responsibility for decision makingabout the things that
affect the lives of the children.
In the most 'common' joint custody
plan,1 parent has primary physical
possession, and thenon-custodial parent has
the standard visitationof basically every other weekend, alternating
holidays, and an extended period in the summer, and pays child support based
on the Illinois State Child Support Guidelines. In the real world, joint legal
custody is typically a parenting plan thatkeeps
both parents actively involved in all of the major decisions impacting the
child and gives the non-custodial parent a greater role in the lives of their
children.View Standard Visitation
Schedule.
The majority of divorces are granted by
agreement of both spouses.That means that for the majority of spouses,
they have reached an agreement about how they want the affairs of their
divorce settled andrather than needing or wanting
someone to 'tell' them what they 'ought' todo; what they really want is someone to simply do the
paperwork - according to the way they have decided to settle their divorce,
and give them the procedural information they need to process their divorce
without hiring a lawyer. That is exactly what we do.You make the decisions - We Do the Paperwork; and provide
the procedural information to 'walk' you through the process from filing the
initial paperwork to walking out of the courthouse a newly divorced single
person.
Everyone knows that you can represent
yourself in a murder trial, we hear about it almost daily on the news,
but few people realize that there is no law in any state requiring you to hire
a lawyer; you are not required to hire a lawyer to handle any legal matter for
you - including your divorce.
The following sections provide general information on the various aspects
of divorce, custody, support, visitation, and property division settling the
affairs of the marriage.
Who can file for divorce in Illinois?
the filing spouse must have been a resident of Illinois for at least 90
days immediately before filing for divorce (called dissolution in Illinois).
What are the grounds for divorce in
Illinois?
Illinois only has 1 ground for divorce - no-fault:
- No-fault: the only grounds for divorce in Illinois is the irretrievable
breakdown of the marriage;
How long does it take to get a divorce in
Illinois?
Illinois has a 90 day waiting period from the date the respondent spouse is
officially 'served' the divorce papers, or the date the respondent signs an
acknowledgment of service avoiding the requirement of formal service.
What is "Service" for purposes of a divorce in
Illinois?
Unless the respondent spouse signs an acknowledgment of service, (agreed
divorce), he or she is entitled to legal 'service' i.e. notice that a divorce
has been filed. Personal service may be by either a Sheriff or other person
appointed by the court to make legal service. the Sheriff or process server
actually hands the divorce papers to the respondent and completes a return of
service stating that they did in fact personally deliver the divorce papers to
the respondent. the Return of Service is then filed with the clerk as proof
that the respondent was duly served. the respondent is not required to sign
anything when they are served with divorce papers. they are entitled to
notice. they are not required to sign anything or give their consent to a
divorce. (See the section below for service of a 'missing' spouse).
Can a divorce be granted if the respondent's
whereabouts are unknown?
If the filing spouse has made a 'good faith effort' to locate the missing
spouse, and can swear under oath and penalty of perjury that they do not know
the current whereabouts of the respondent and have made an effort to locate
them, the missing respondent can be 'served' by publication of a notice in a
local newspaper.
What are the fees filing for divorce in
Illinois?
Each county in Illinois sets its own fees for filing legal documents. the
filing fee for divorce is generally in the range of $65. If service is made to
the respondent by a sheriff or process server, there is an additional fee for
service of approximately $25. You can call the clerk at the courthouse and
find out the exact fees for that county.
How is property divided in a divorce in
Illinois?
Illinois is an "equitable distribution" state, generally meaning that all
marital property acquired during the marriage is subject to division. Property
brought into the marriage i.e. that a person had before the marriage are not
subject to division in a divorce.
How are marital debts divided in a divorce in
Illinois?
Most divorcing spouses set out who will pay what debts as part of their
marital settlement agreement during the divorce process, and close all of
their joint accounts.
Does Illinois have Alimony?
Yes. Alimony may be awarded to either spouse for their support and
maintenance after the divorce. It is based on the financial circumstances of
the divorcing spouses. the needs of one spouse and the ability of the other
spouse to pay are the primary factors in determining alimony. Since most
spouses are working, alimony (if awarded at all), is usually for a shorter
period of time, and smaller amount than in the past. Alimony may be paid in a
lump sum payment of money or the award of some property.
Adultery as the cause of the parties' separation defeats a claim for
alimony in Illinois. Other mitigating factors such as the ability to earn,
high marital debts to be paid etc. may serve to make alimony unrealistic.
Are there guidelines for custody of children in
Illinois?
Most parents agree about the custody, child support, and visitation issues
relating to their children. Joint custody arrangements have become common
place and in some states the "norm" in determining the care, custody and
support of children. If the parents are unable to 'work it out', a judge will
ultimately decide these issues for the parents. Children who are at least 14
years of age may choose to live with a parent provided the parent is not
considered 'unfit' to care for the child. (See the section on Children below
for detailed information on custody, support and visitation).
How is Child Support determined in
Illinois?
Illinois, like all other states, has guidelines for determining the amount
of child support to be paid. the guideline amount is presumed to arrive at an
amount of support that is in the child's best interest. If the parents are
unable to agree to an amount of child support, the court will determine the
amount of support based on the Child Support Guidelines. (See the section
below on Child Support for a copy of the guidelines).
What about medical insurance for the
children?
A determination as to who is going to provide medical health care insurance
for the children and how any uninsured medical expenses shall be paid between
the parties is typically part of the parties' marital settlement agreement
during the divorce process. If medical insurance is available through a
parent's employment, they are required to cover their children through the
plan.
How permanent are the provisions for child custody
and support?
As in any other state, orders providing for the support and custody of
children is subject to modification after the divorce if their is a
substantial change in the circumstances of the parties i.e. an increase or
decrease in income or a change in the living arrangements of the children.
Can the spouses agree to
everything?
YES! Every part of a divorce can be agreed to by the spouses. the court
will review your agreement, and unless the agreement is patently unjust, the
court will simply approve the parties' agreement. Courts would prefer the
parties work out their own terms of divorce i.e. property division, and more
importantly the care, custody and support of children. After all, who knows
best what will or will not work than the parents? If the parties are unable to
reach their own agreement, the court will make the decisions. Depending on how
'busy' the court is, it may take as long as 6 months to get a court date for a
Permanent Order's hearing. Child support, however, must generally be an amount
at least equal to that calculated using the Illinois Child Support Guidelines.
Automatic Restraining
Order
Once a divorce is filed, a special court order called a "Temporary
Injunction" automatically goes into effect protecting both parties. the order
is standard and basically says:
- children shall not be taken out of the state for any reason without the
written agreement of both parents or a court order;
- neither party shall disturb or harass the other; and
- property of the marriage shall not be hidden, destroyed, transferred or
borrowed against without consent, except in the usual course of business or
for the necessities of life.
Agreed
Divorce
In an agreed divorce, one spouse files the papers at the local court house
and gives the other spouse a copy of the filed divorce papers. that spouse
then signs a waiver of official service of citation which basically
acknowledges that they have received a copy of the divorce papers and that the
divorce may proceed without them having to do anything else or even having to
appear at the final divorce hearing.
In a default divorce, only one spouse (the one filing the divorce) is
required to sign anything. One spouse files the divorce papers. the other
spouse is then notified by being delivered a copy of the divorce papers by the
Sheriff, Constable or other authorized process server, (and in some states by
certified mail). the spouse being "served" with the divorce papers is not
required to sign anything. All that is required is proof that they were
notified - not their consent. You cannot force someone to stay married to
you.
If you don't know where your spouse can be found to be 'served'
(notified), and you have made a good faith effort to locate them, you can
still get your divorce. Missing spouses can be 'notified' by:
running a notice in a local
newspaper.
there are only three basic procedural steps to divorce:
- File divorce papers
- Notify Spouse
- Final Divorce Judgment (90 days after service)
You pay the same filing fees and court costs that lawyers pay. the exact
amount will vary from county to county, but will be in the range of $100.
Online Printable Divorce Order FormPoint - Click - Print!
CHILDREN
CHILD SUPPORT
Illinois has guidelines for child support that are presumed to be in the
child's best interest. Unless both parents agree to an amount other than that
calculated using the guidelines, child support will be based on the guidelines
as a percentage of the parent who will pay the support'sgross income.
The following is excerpted from the Illinois Child Support
Statute)
the entire CO statutes can be found in your local library
14-10-115. Child Support Guidelines - Schedule
of Basic Child Support Obligations.
(1)In a proceeding for dissolution of marriage, legal separation,
maintenance, or child support, the court may order either or both parents
owing a duty of support to a child of the marriage to pay an amount reasonable
or necessary for his support, without regard to marital misconduct, after
considering all relevant factors including:
- the financial resources of the child;
- the financial resources of the custodial parent;
- the standard of living the child 'would have' enjoyed had the marriage
not been dissolved;
- the physical & emotional condition of the child and his educational
needs; and
- the financial resources and needs of the non custodial parent.
(1.5)(a)Unless a court finds that a child is otherwise emancipated,
emancipation occurs and child support terminates when the child attains
nineteen years of age unless one or more of the following conditions exists:
- the parties agree otherwise in a written stipulation after July 1, 1991
- if the child is mentally or physically disabled
- if the child is still in high school or an equivalent program, support
continues until the end of the month following graduation, unless there is
an order for post secondary education, in which case support continues
through post secondary education
- a child who ceases to attend high school prior to graduation and later
re enrolls is entitled to support upon re enrollment, but not beyond age
twenty one.
Medical health Insurance:(2)(a)In orders
issued pursuant to this section, the court shall order that either or both
parents initiate the inclusion of the child under a medical insurance policy
or medical and dental insurance policies currently in effect for their
benefit, purchase medical insurance or medical and dental insurance policies
for the child, or in some other manner provide for the current and future
medical needs of the child. At the same time, the court shall order payment of
medical insurance or medical and dental insurance deductibles and co payments.
the payment of a premium to provide health insurance coverage on behalf of
the children subject to the order shall be added to the basic child support
obligation and shall be divided between the parents in proportion to their
adjusted gross income.
Computation of Child Support: except in cases of shared physical custody or
split custody, a total child support obligation is determined by adding each
parent's respective obligations for the basic child support obligation, work
related net child care costs, extraordinary medical expenses, and
extraordinary adjustments to the schedule. the custodial parent shall be
presumed to spend his or her total child support obligation directly on the
children. the non-custodial parent shall owe his or her total child support
obligation as child support to the custodial parent minus any work related net
child care costs, extraordinary medical expenses, and extraordinary
adjustments to the schedule.
(14.5)Dependency exemptions. Unless otherwise agreed upon by the parties,
the court shall allocate the right to claim dependent children for income tax
purposes between the parties in proportion to their contributions ot the costs
of raising the children. A parent shall not be entitled to claim a child as a
dependent if her or she has not paid all court-ordered child support for that
tax year or if claiming the child as a dependent would not result in any tax
benefit.
(b)(1)Stipulations presented to the court shall be reviewed by the court
for approval. No hearing shall be required, however, the court shall use the
guideline to review the adequacy of child support orders negotiated by the
parties as well as the financial affidavit which fully discloses the financial
status of the parties required for use of the guidelines.
(I)(A)"Gross income" includes income from any source and includes, but is
not limited to, income from salaries, wages, including tips calculated
pursuant to the federal internal revenue service percentage of gross wages,
commissions, bonuses, dividends, severance pay, pensions, interest, trust
income, annuities, capital gains, social security benefits, workers'
compensation benefits, unemployment insurance benefits, disability insurance
benefits, gifts, prizes, and alimony or maintenance received. Gross income
does not include child support payments received.
(I)(B)Gross income does not include benefits received rom means tested
public assistance programs
(I)(C)Gross income includes overtime pay only if the overtime is required
by the employer as a condition of employment. (II)A)For income from
self-employment, rent, royalties, proprietorship of a business, or joint
ownership of a partnership or closely held corporation, "gross income" means
gross receipts minus ordinary and necessary expenses required to produce such
income.
(III)d)the amount of child support actually paid by a parent what an order
for support of other children shall be deducted from that parent's gross
income.
(e) Shared physical custody means that each parent keeps the children
overnight for more than 92 nights each year and that both parents contribute
to the child's expenses in addition to any payment of child support. [because
it is presumed that certain basic expenses for children will be duplicated, an
adjustment for shared physical custody is made by multiplying the basic child
support obligation by one and fifty one-hundredths (1.50)]
(9)Split custody means that each parent has physical custody of at least
one of the children.
(10)Basic child support obligation shall be determined using the schedule
of basic child support obligations contained herein. the basic obligation
shall be divided between the parents in proportion to their adjusted gross
incomes.
Child Care Costs: Net child care costs incurred on behalf of the children
due to employment or job search of either parent shall be added to the basic
obligation and shall be divided between the parents in proportion to their
adjusted gross incomes.
For purposes of the Child Support Guidelines:
- II)Gross combined income in the schedule means the combined MONTHLY
adjusted gross incomes of both parents.
- Adjusted gross income means gross income less preexisting child support
obligations and less alimony or maintenance actually paid by the parent.
- the judge may use his judicial discretion in determining child support
in circumstances where a parent is living below a minimum subsistence level;
except that a minimum child support payment of twenty to fifty dollars per
month, based on resources and living expenses of the obligor shall be
required even in such instances.
Sample Child Support
Worksheet
| MONTHLY Gross Income |
Mother |
Father |
Combined |
| a. minus preexisting child support |
_______ |
_______ |
_______ |
| b. minus maintenance paid |
_______ |
_______ |
_______ |
| c. minus responsibility for other children: Mother |
_______ |
_______ |
_______ |
| 2. MONTHLY ADJUSTED GROSS INCOME |
_______ |
_______ |
_______ |
| 3. PERCENTAGE SHARE OF INCOME |
_______ |
_______ |
_______ |
| 4. BASIC OBLIGATION (line 2 combined and Schedule) |
_______ |
_______ |
_______ |
| 5. ADJUSTMENTS |
_______ |
_______ |
_______ |
| a. Work related Child Care Costs (Actual Cost) |
_______ |
_______ |
_______ |
| b. health insurance premium (child's portion) |
_______ |
_______ |
_______ |
| c. Extraordinary medical expenses (uninsured only) |
_______ |
_______ |
_______ |
| d. Extraordinary expense (Agreed or Court approved) |
_______ |
_______ |
_______ |
| e. Minus extraordinary adjustments |
_______ |
_______ |
_______ |
| f. Total Adjustments |
_______ |
_______ |
_______ |
| 6. TOTAL CHILD SUPPORT OBLIGATION |
_______ |
_______ |
_______ |
| 7. EACH PARENT'S SHARE OF OBLIGATION |
_______ |
_______ |
_______ |
| 8. NONCUSTODIAL PARENT ADJUSTMENT |
_______ |
_______ |
_______ |
| RECOMMENDED ORDER (subtract line 7 & 8 from line 6) |
_______ |
_______ |
_______ |
Number of Children to Support From
this Marriage
| 1 = 17-23% |
2 = 23-28% |
3 = 25-32% |
4 = 29-35% |
5 (or more) = 31-37% |
withholding Child Support
From Earnings
Virtually every state has a provision for withholding child support
directly from the earnings of the parent who is ordered to pay child support;
much like the way income tax is withheld. this makes both receiving and paying
child support 'easier' and more certain for both parents. Child support is
typically withheld and sent to the state agency authorized to receive and
disburse payments. Once the support has been 'logged' in to verify that it was
paid, the payment is then forwarded to the parent who is to receive support
for the benefit of the children.
Visitation with
Children
Much like calculating child support, the standard visitation 'schedule'
which is presumed to be in the best interest of the children is 'universally'
accepted. although parents are generally free to visit with their children at
all times mutually agreed to by the parties, the Standard visitation schedule
provides a 'safety net' for those times when parents cannot agree. with some
minor differences, generally all states use what is considered to be the
"standard" visitation schedule which is basically: Every other weekend; Summer
visitation of approximately 4-6 weeks and Alternating Holidays.
Joint
Custody
Many states are now 'urging' parents to work together for the benefit of
the children and reach a 'joint custody' agreement. Joint custody is seldom a
50:50 time sharing of children. It is more accurately a 50:50 sharing of
responsibility and participating in the decision making process in matters
that affect the children. Generally, one parent is named as the 'primary'
joint custodian and the other parent is granted visitation "at all times
mutually agreed" and failing agreement, under the terms of the state's
standard visitation policy. the primary joint custodian typically retains the
decision making authority to determine the child's primary residence and
school; and to designate such things as the child's primary physician.
the following are parenting plan options included in theOnline Worksheet/Order
Formavailable for printing directly from the net:VISITATION:(choose one)
_______Custody,
Visitation, SupportBy Agreement_______Custody, Visitation, Support to
bedetermined by the Court
Unless you specify otherwise the parent who does not have primary physical
custody will be presumed to have visitation with the child(ren) and the
paperwork will be done accordingly.
- If otherwise please specify i.e. (no visitation, or supervised
visitation only)__________________________________________________________
STANDARD VISITATION?NOTEthe
Standard Visitation Schedule provides that parents are free to visit their
childrenAT ALL TIMES MUTUALLY AGREEDBUT Provides that if you can't
agree, then the Standard Schedule is already in place guaranteeing a minimum
visitation periods of generally ALTERNATING WEEKENDS, HOLIDAYS AND SUMMER
VISITATION etc.)
Use the standard visitation schedule?YES
NO
IF NOT STANDARD VISITATIONspecify
other visitation As
follows:
Specify__________________________________________________________
____________________________________________________________
JOINT CUSTODY?__YES___NO__ (Even if Joint Custody;
list who the children will primarily live with above in the child(ren)'s
information and visitation choice
CHILD SUPPORT:
____NO CHILD SUPPORTTO BE PAID BY EItheR
PARENT
DOES the PARENT TO HAVE CUSTODY RECEIVE
AFDC?__YES__NO
- IF YES: How much is the MONTHLY AFDC benefit? $______
AGREED CHILD SUPPORT:$_____________ per
month
Parent to pay child support_________________________________
MEDICAL INSURANCE FOR CHILDRENWhich
parent is to provide medical health insurance for the
children?__________________________
***PARENTING PLANfor CHILD CUSTODY,
VISITATION, AND SUPPORT
CUSTODY
- _____Joint Legal & Physical
Custody:Husband and wife shall jointly share the legal and
physical custody and care of their minor children and shall be guided by the
following terms and conditions: (attach sheet detailing your parenting plan
providing for the care, control, and support of your child(ren))
- _____Joint Legal Custody with Primary Physical
Custody:Husband and wife shall jointly share the legal custody of
their minor child(ren), and ______________________________ shall have the
primary physical custody of the child(ren) and shall be guided by the
following terms and conditions:
- _____Standard Visitation for non-custodial parent
- _____ Parenting Plan for visitation attached
- ______Sole Custody with
Visitation___________________ shall have the sole legal and
physical custody of the minor child(ren), subject to the right of the
non-custodial parent to visit with and temporarily take possession of the
child(ren) as follows:
- ____Standard Visitation for non-custodial parent
- _____ Parenting Plan for visitation attached as separate sheet.
ADDITIONAL PARENTING PLAN PROVISIONSchoose
any or all that apply
- _____Neither parent shall conceal a child's
whereaboutsfrom the other parent nor remove a child from the state of
the child's current residence for more than _____ days without the prior
written consent of the other parent.
- _____ thechild's primary residence shall
remainin the state of ___________________ (and) in the county of
______________________ unless prior written consent of the other parent is
given or until further order of the court.
- _____ thechild(ren) will keep the father's
surnameand not take on the Mother's maiden name or name of any new
spouse, at least until the child is eighteen years of age and is old enough
to make that decision for themselves.
- _____ thechild(ren) will be raised in the
___________________ religionwith ______________________ to be
primarily responsible for the child's religious training.
- _____ the followinggrandparent(s)
____________________________ will succeed the non-custodial parentin
their rights of visitation with and temporary possession of the child(ren)
in case the non-custodial parent, with visitation and temporary possession
rights, dies before the child(ren) are eighteen years old.
**
attach a separate sheet detailing additional provisions not provided for above
Child Support:to be paid
by__________________________(the Obligor), paid to
____________________________ for the benefit of the child(ren)
_____No child support- Skip this section
- **Most state's child support guidelines generally provide for child
support to be determined as a percentage of the Obligor's "net" (take home
pay) MONTHLY resources as follows: 1 child = 20% of net , 2 children = 25%,
3 children = 30%, 4 children = 35%; as older children become 18 or are no
longer entitled to support, child support typically decreases by the
percentage allotted for each child (roughly 5% per child).IFyou want
child support to decrease as each child becomes ineligible, indicate the
amount support will decrease by below. Forexampleif child support for
2 children is to be $400 per month and reduce by 5% as each child reaches
18; support will be reduced 5% of $400 = $80 reduction for each
child.
**Notethe cost of medical insurance and child care is not
included in the above percentages, and
- $____________ Amount of MONTHLY child support (total for all children)
- $____________ Amount support will be reduced by as each child reaches 18
(if any)
___Medical health Insurancefor the
child(ren):
- ____________________________ will obtain, maintain, and pay the cost of,
a medical health care insurance policy for each child entitled to child
support.
- Formedical expenses not covered by
insurance,the father shall pay _______ % and the Mother shall pay
_______%
___Child Carerequired for both parents
to work
- __________________________ shall pay to ________________________ for
child care a total of $___________ per month, payable in advance on the ____
day of each month, to begin on __________________19___ and continuing as
long as child care is necessary AND ACTUALLY being paid.
____Life Insurance:To ensure that funds
are available to adequately support the minor child(ren), ____________________
(i.e. Father, Mother, both) parent(s) will carry and maintain a policy of life
insurance in the amount of $____________, and shall name as the sole
irrevocable beneficiary of the policy ___________________ (ie. other parent or
minor child(ren)), and shall not borrow, assign, or otherwise encumber said
policy.
____ the child support obligation shall terminate upon the death of the
parent receiving the child support provided the payor assumes full custody of
the child(ren), otherwise, the support obligation shall continue being paid to
the Seventh party assuming primary custody and child rearing responsibility
for the child(ren) as successor to the primary custodial parent.
**Note;the above list of options for developing
your parenting plan is not intended to include all possibilities or
circumstances and is only provided for your general information and
educational purposes;attach an additional sheet detailing any
provisions of your Parenting Plan not included in the above list of the most
commonly used provisions.
the National Divorce & Bankruptcy Center is a division of Pro Se
Publications, Self-Help Center, which began in May of 1994 and provides the
public with easy and inexpensive access to the courts without the expense of
hiring a lawyer. We help you better inform yourself about laws and legal
procedures so that you can make your own informed decisions - about the legal
actions that affect your life. We provide services at low cost because we are
not lawyers and do not give legal advice. Instead, our service is limited to
providing you with self-help information and providing quality legal document
preparation.
IN SHORT - We Help Our
Customers Solve their Own Legal Problems without the Expense of Hiring A
Lawyer.
Document Preparation; the
Paperwork
After you have made your decisions about the issues that impact your life
and the life of your family, you will need to complete the Divorce information
form, indicating those decisions, so that your paperwork can be processed.
Once you have completed the informational form, simply return it to our
office. Your completed paperwork will be returned to you ready to be filed
within 2 business days (most within 24 hours), along with procedural
information to 'guide' you through the process from filing your initial
documents to walking out of the courthouse a newly divorced person.
ILLINOIS DIVORCE:
$149!
Filing Fees
Online Order FormPoint - Click - Print!