Illinois Divorce Forms & Papers

Divorce Papers > Illinois Divorce Forms & Papers

Divorce can be at times be time consuming if the spouses do not mutually agree upon the terms and conditions of the divorce. If both the parties fail to come to a conclusion it can also lead to a trial which further lengthens the process of divorce. Illinois divorce laws are not different from them. One should however fulfill the residential requirements of the state in order to file a divorce in the state of Illinois. While filing for Illinois divorce forms and papers one should make sure that you consult a good lawyer in order to get a quick and hassle-free divorce.

Residential requirements for the state of Illinois:

The spouse filing for divorce must have been a resident of Illinois for 90 days immediately prior to filing for divorce. The divorce may be filed in a county where either spouse resides. [Illinois Annotated Statutes; Chapter 40, Paragraphs 104 and 401]. Find information and instructions on filing for divorce.

USE THESE WORDS IN THE COURT DOCUMENTS FOR ILLINOIS

Use these exact words, all in capital letters: IN THE CIRCUIT COURT OF THE JUDICIAL DISTRICT, COUNTY, ILLINOIS
Use these exact words, all in capital letters: PETITION OF DISSOLUTION OF MARRIAGE
Use the word "Petitioner". Be sure the "P" is capitalized.
Use the word "Respondent". Be sure the "R" is capitalized.
Use these exact words, all in capital letters: JUDGMENT FOR DISSOLUTION OF MARRIAGE
Use the word "County" here.

For detailed divorce laws in Illinois state, please see Laws for Divorce in Illinois page.

Procedure to file a divorce in the state of Illinois:

There are six basic steps to complete the divorce procedure in the state of Illinois. This includes:

Filing the petition: This is the first step in the process of filing a divorce. The grounds for divorce is mentioned in the petition which hold a lot of importance. The ground for filing a divorce can either be "no fault" or a "fault based". The reason for a no fault divorce usually constitutes, irreconcilable differences, whereas a fault based divorce can be granted on the grounds of adultery, mental or physical cruelty, drug addiction, felony conviction, impotency, bigamy or desertion.
A no fault divorce is most common in the state of Illinois because it does not require the petitioner to submit any proof, which is required otherwise. Apart from this, it also helps to avoid tampering your private life.
Notifying the spouse: One you file the petition, the respondent or defendant will be informed about your petition and would be summoned to appear in court.
Response from the spouse: Your spouse has to respond to the petition in writing within 30 days after the receipt of your petition. If there is no response from the spouse within the set time frame, the court would begin the proceedings of a default divorce. In a default divorce the judge usually divides the marital property equally between both the parties.

However after the response is received, the attorneys might discuss about temporality support while the marriage is dissolved.

Investigate, negotiate and settle the issue: In this stage, lawyers would determine the value of marital property and estate. A formal discovery is initiated when both the parties disagree to the estimate value of the spouse's estate. Child custody and visitation issues are also resolved in this stage.
Conference before trial: Most divorces cases end after settlement of the property and the custody of children is defined. However if the parties disagree for a settlement, a pre-trial conference is held in the judge's chamber with both the attorneys and the clients. The motive of a pre-trial conference is again to settle the issue without taking it further to a trial.
Trial: When both parties fail to reach a settlement even after the pre-trial conference, a trial is held. Trail is the last stage of a divorce. A trial can be quite lengthy because the trial dates are set months in advance and both parties have to wait for about five to six months to get a date. In involves interviewing witnesses, checking reports, preparing exhibits and reviewing the discoveries produced by the client. The duration of a trial varies from one day to several weeks, depending upon how complex the issue is and the nature of the trial. In a divorce case the decision is solely made by the judge. The final judgment is given once the trial concludes. However if no settlement is reached there is no other choice.

Free Illinois Divorce Forms for Download

Following divorce forms are free for download. Most of the forms are provided with instructions on how to fill the form. To download any of these divorce papers and forms just right click on the link and select "Save As...".