Smart Divorce | Divorce forms Illinois smart divorce
SMART DIVORCE | Divorce forms Illinois smart divorce
If you are contemplating filing divorce forms to start your divorce in Illinois, there is good news, Divorce forms Illinois smartdivorce.com can help make the process simple and affordable. Usually expensive attorney’s fees and a long drawn out divorce process is what you expect, but that doesn’t have to be true for you. There is an easier and more affordable option to filing your divorce forms in Illinois. An Illinois Divorce (http://www.smartdivorce.com/states/Illinois-Divorce.html) can actually be fairly simple.
How to get your Illinois Divorce started
If you want to start an uncontested divorce in Illinois, you start by filing your documents with the Circuit Court in the county where you or your spouse resides. The “Illinois Marriage and Dissolution of Marriage Act,” 750 ILCS 4/401 et Seq., provides the guidelines for completing a divorce in Illinios. Illinois is a “no-fault” state, meaning that irreconcilable differences have caused an irretrievable breakdown of the marriage.
The process of getting the divorce started in Illinois is really quite simple. If you and your spouse agree to the terms of the divorce, meaning that you agree on how to split the marital property and debts, and agree on the custody issues regarding any minor children you may have together, then a Petition for Divorce is filed by the Petitioner.
After you file the divorce with the court in Illinois
After your Petition is filed, and all the other documents that accompany the Petition are filed, then the court will process the divorce. Steps are required, such as serving your spouse or having your spouse sign a waiver of service. If your spouse’s whereabouts are unknown, then your spouse is served by publication. Other steps are completed until finally the final hearing is set where the Judge signs the final divorce decree.
Now this is a very simplified view of the divorce process, but for an uncontested divorce in Illinois, it really is fairly simple.
One of the most important steps to completing a divorce is making sure you start with court approved Illinois divorce papers.
If you want a successful Illinois divorce, it starts with having the proper divorce documents. If you have children, the documents need to include provisions for custody, visitation and support. If there is marital property and debts, this will also need to be addressed in the documents.
SOME IMPORTANT INFORMATION ABOUT FILING A DIVORCE IN ILLINOIS.
Grounds for divorce in Illinois:
An uncontested divorce is usually filed on the No-Fault grounds of irreconcilable differences. There are also “fault based grounds” for which you could file your divorce in Illinois. They are (1) impotence; (2) previously married and never divorced; (3) adultery; (4) desertion by a spouse for a period of one year; (5) habitual drunkenness for at least two years; (6) drug addiction for at least two years; (repeated and extreme physical or mental cruelty; (8) felony conviction of imprisonment; (9) infection with a sexually transmitted disease.
Divorce Forms Illinois Smart divorce Residency Requirements:
The Court in Illinois will enter a decree of divorce after the court finds that one of the parties has been residing in the State of Illinois for at least 90 days prior to the filing of the initial Petition for Divorce. (750 Illinois Compiled Statutes – Chapter 5 – Sections: 104 and 401)
Simplified Divorce in Illinois:
Illinois does have a simplified divorce procedure, which requires the spouses to have not been married over 5 years, no minor children of the marriage and the wife is not pregnant, no marital real estate, the waiver of spousal support, market value of marital property under $5,000 and the combined gross annual income of both spouses is less than $25,000.
Property division in a Illinois divorce:
Illinois is an “equitable distribution” state. This means that if the parties cannot agree on the distribution of property and debts, the court will assign a monetary value on the property and debt of the marriage, and then distribute the marital property and debts equitably. This does not mean “equal”, this means that the court will distribute the property and debts as it deems to be fair. For more information, see (750 Illinois Compiled Statutes – Chapter 5 – Sections: 503).
Child custody in an Illinois divorce:
The court in Illinois will always look to determine what is in the best interest of the child for the purpose of determining custody and parenting time. This can include the wishes of the child’s parents, the wishes of the child if he or she is sufficiently mature to express their wishes, whether either parent has been involved in any domestic abuse or child abuse, among other determining factors.
Illinois divorce and spousal support (alimony):
Spousal support is not an exact science. The court will take many factors into consideration to determine whether spouse support will be awarded, the amount of spousal support and length of time that the spouse support will be paid. Some factors are: (1) financial status of both parties, (2) time necessary to gain employment, (3) the standard of living enjoyed during the term of the marriage, (4) the duration of the marriage, and other factors.
IMPORTANT HINTS TO YOUR ILLINOIS DIVORCE:
1. Try and work out all the issues of your divorce. Don’t let the Judge decide for you. You usually know what is best for you and your children, so make the extra effort to work out all the issues with your spouse prior to filing your Illinois divorce.
2. Identify the Priorities. Make sure you understand what is most important to you, and find a way to negotiate on those issues, and give you spouse what they want on items that are not as important to you. This will help you both compromise.
3. Remain Flexible. Remember that neither party is going to get everything they want. Be flexible and remember that there are 2 people involved in the divorce, and one way or another, all issues will be resolved – either by you or the Judge.
4. Educate yourself. Know the process or the divorce. When completing a Illinois divorce with Smartdivorce.com, we will help you through the divorce process, so you know what to do each step of the divorce process.
Divorce Forms Illinios Smart Divorce can help you simplify the process of your Illinois Divorce.
For more information on completing your Illinois divorce use divorce forms illinios Smartdivorce.com (http://www.smartdivorce.com/states/Illinois-Divorce.html), go to their website or give them a call. They can help you complete your divorce and provide you an affordable option for completing your divorce without paying thousands to a divorce attorney. If you want to get started with your Illinois divorce, contact Smart Divorce today.
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