Every state has its own filing fees which will roughly run to $150 – $500. Also, cost of filing a divorce in Illinois depends on many variables like document preparation, legal representation by an attorney, mediation of disputed issues ordered by court etc.

Time taken to get a divorce in Illinois again depends on many variables starting from the state where you are filing, residency requirements, separation period, and waiting period after filing a petition etc. This process can take divorce to be finalized in a matter of few weeks to months.

An uncontested divorce in Illinois is one in which both parties agrees to divorce and all terms of settling their division of any assets, debts, child custody, child support, alimony etc.

Earlier, the only way to get a divorce was proving one party responsible for breaking up a marriage. However, all states have now passed a law where one party can divorce simply because they no longer wish to stay married. This process is called a no fault divorce and the spouse filing a no fault divorce do not have to prove any fault on the other party.

Courts in Illinois will not grant a divorce without letting the other spouse know about the petition. Serving summons must be first done to the other party and when it comes for cases where you do not know your spouse current location, divorce by publication or also known as order of notice by publication should be asked from the court. With this method, you will run a legal ad in a newspaper in or near the area of the spouse last known locations/whereabouts.

Court appearance will depend on the state you file your petition. Some state will require you to submit all the documents and forms without the need of setting foot in the court house and there are some states that require a court appearance before the Judge before a divorce decree is finalized. No matter from which of these states you file, settling and resolving your differences before filing your petition will play a big role.

Illinois have adopted guidelines for child custody and support that is taken into consideration by a Judge when the order is made. If both parties reach an agreement that does not follow the guidelines, court will likely monitor and review the case very closely to be certain that the agreement is to the best advantage of the child and not the parents before it is approved

Illinois court will normally grant and approve the division of all/any assets, debts or real property if both parties have amicable agreed on the division by themselves. However, if you and your spouse cannot determine how to divide, courts in Illinois will divide and settle under two basic measures: community property or equitable distribution. In community property state, all assets and debts accrued during the marriage will be split equally in 50-50. In equitable distribution states, assets and debts accumulated during marriages are divided equitably (fairly) but not necessarily equally. Some of these states may order one party to use separate property to make the settlement fair to both spouses.

In order to serve the divorce papers in Illinois, you can hire a professional process server or have a friend or family member serve the divorce papers in Illinois. But you cannot serve the papers to your ex yourself.

a. Certified Mail, return receipt requested – Serving divorce papers by certified mail require that your spouse sign a paper that is attached to the envelope when they receive the petition which must be signed and returned.
b. Personal Service – The constable, sheriff, or professional process server will deliver the court papers to your spouse who must complete a return of service that says when, where and how they were served.
c. Service by publication – When all the other method fails, service by publication will be permitted by the court. This involves publicizing the divorce petition in a newspaper where your spouse is expected to be living for an adequate length of time. You will have to return a copy of the newspaper notice, with a declaration for how long the notice ran, to the court for proof of service.