Divorce in Illinois: FAQs for Divorce Lawyers in Illinois (Chicago, Champagne, Naperville, Peoria, Rockford…)

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  1. Which county can I file for divorce in Illinois?

Normally, in a county where you or your spouse lives.

2. If I live outside of Illinois but I am a resident can I file for divorce in the state?

Either you or your spouse must live in Illinois at least 90 days before your divorce judgment can be entered. But as long as you live in the state on the date of the filing of your divorce action (or your spouse does) you can file for divorce in the state of Illinois

3. How long does it take to file for divorce in Illinois?

It depends on your case. A minimum of 90 days. But it could be over a year depending on your situation.

4. What does the average divorce in Illinois cost?

It depends on the lawyer and whether your divorce is contested or uncontested and on how complicated the war between you and your soon to be ex is. If you want to know the ballpark filing fees for the court, check this page. Which is alphabetized by state. (Remember you should always verify these figures with your attorney. Nothing on these pages is legal advice.)

5. How much do the average Illinois divorce lawyers charge?

Between $150 and $350 per hour.

6. How is property division handled?

Illinois is an equitable distribution state. So it will not be a fifty fifty split unless the court deems this to be fundamentally “fair.”

7. Is there a presumption of joint custody in the state of Illinois.

Generally, the standard is “best interest of the child.” If that means joint custody then the court will order that. If for some reason that is not in the child’s best interest, the court will not order it.

8. Can I get permanent alimony in Illinois?

Yes. But you have to be disabled or otherwise unable to become self-sufficient in terms of employment and your finances.

9. How do the courts allocate responsibility for debts?

It depends on the situation. The court will do an analysis of your case and make a determination that is “fair.”

10. Do same sex divorces get handled differently in the state of Illinois?

Not particularly.  Except insofar as some issues may be unique to same sex couples, all divorces are pretty standard and handled in the same way with the same degree of professionalism.

11. What are the grounds for divorce in Illinois?

There are plenty. Nearly 12 or 13 grounds. They include irreconcilable differences, bigamy, infection by STD, habitual drunkenness or drug abuse, cruelty, abandonment, adultery, desertion, separation, etc.