Illinois Divorce: Does It Make a Difference Who Files First?

There are two main grounds for divorce in Illinois: fault-based and no-fault.

Fault-based grounds for divorce include:

• Adultery
• Desertion
• Habitual drunkenness or drug addiction
• Physical or mental cruelty
• Imprisonment
• Bigamy

No-fault grounds for divorce, also known as irreconcilable differences, are based on the idea that a marriage has broken down and cannot be repaired. In Illinois, no-fault divorce can be obtained by showing that:

• The parties have lived separate and apart for a continuous period of at least six months immediately preceding the filing of the petition, and
• There is an irretrievable breakdown of the marriage.

In Illinois, no-fault divorce is the most common ground for divorce. This is due to the fact that it eliminates the need to prove fault, which can be difficult and time-consuming

It is important to note that in Illinois, a no-fault divorce does not mean that the court will not consider the conduct of the parties when making decisions related to property division and maintenance.

Filing for Divorce in Illinois

The Illinois divorce process generally follows these steps:

1. Filing the petition: One party, known as the petitioner, files a petition for dissolution of marriage with the appropriate court. The petition must include the grounds for divorce and any requests for relief, such as child custody, child support, spousal support, and property division.
2. Service of process: The other party must be served with a copy of the petition and a summons. This can be done in person, by mail, or by publication if the respondent cannot be located.
3. Response and counter-petition: The respondent has 30 days to file a response to the petition and can also file a counter-petition to request relief of their own.
4. Discovery: The parties can gather information and evidence through the discovery process, which can include depositions, interrogatories, and requests for the production of documents.
5. Mediation: Many courts in Illinois require the parties to attend mediation in an attempt to reach a settlement agreement.
6. Trial: If the parties are unable to reach a settlement, the case will go to trial. The court will hear evidence and testimony from the parties and make a decision on the issues of the divorce.
7. Decree of Dissolution of Marriage: Once the judge has made a decision, the court will issue a Decree of Dissolution of Marriage, which will include the court’s ruling on the issues of the divorce.

The process can take several months or even years, depending on the complexity of the case and the willingness of the parties to reach a settlement. It’s important to have a good understanding of the laws and the process to be able to make informed decisions and to have a better outcome.

What Is the Average Cost of a Divorce in Illinois?

The average cost of a divorce in Illinois can vary widely depending on a number of factors such as the complexity of the case, the type of divorce (no-fault or fault-based), and whether the parties are able to reach a settlement or if the case goes to trial.

According to the American Academy of Matrimonial Lawyers, the average cost of a divorce in Illinois ranges from $15,000 to $40,000, with the most expensive cases costing up to $100,000 or more.

Factors that can affect the cost of divorce include:

• The need for experts such as accountants, appraisers, or custody evaluators
• The amount of property and assets to be divided
• The presence of children and the need for a custody evaluation or parenting plan
• Whether alimony or spousal support is sought
• Whether the case goes to trial or if the parties are able to reach a settlement.

It is important to keep in mind that hiring a lawyer is not always necessary, and some couples choose to represent themselves in court. This can save money in legal fees, but it can also be risky as navigating the legal system and the laws can be complex and tricky.

It is also important to remember that the cost of a divorce is not only financial; it can also have an emotional toll on the parties and their families. It is important to consider all the factors before making a decision and seek professional advice if needed.

No Prejudice Based on the Facts

“No prejudice” is a legal term that is used in the context of divorce proceedings in Illinois. It means that one party is not at a disadvantage or disadvantageous position as a result of some action or inaction by the other party or by the court.

In the context of divorce proceedings, “no prejudice” is often used in the context of temporary orders, which are orders made by the court to govern issues such as child custody, support, and property use while the divorce is pending.

If a party requests a temporary order, the court may grant the order “without prejudice,” meaning that the order does not prejudice the rights of the parties and does not prejudice the rights of the parties to request a different order in the final judgment of divorce.

In summary, “no prejudice” under divorce laws in Illinois means that a temporary order or continuance does not affect the rights of either party to ask for a different order or to have a fair trial in the final judgment of the divorce case. It also means that a temporary order or continuance is not final and does not prevent either party from requesting a different order in the future.

Benefits of Filing First for Divorce in Illinois

When filing for divorce in Illinois, the party who files first is known as the petitioner. Being the petitioner has certain benefits, such as:

• Control over the timing of the divorce: The petitioner has the power to initiate the divorce process and can choose when to file the petition. This can be beneficial if the petitioner wants to move forward with the divorce quickly or if they want to wait until they have gathered enough evidence to support their case.
• Setting the tone of the case: The petitioner can define the issues of the divorce and the relief they are seeking in the petition; this can set the tone of the case and can have an impact on the outcome of the case.
• Control over the location of the divorce: In Illinois, the divorce must be filed in the county where one of the parties has lived for at least 90 days prior to the filing of the divorce. If both parties live in different counties, the petitioner can choose the county where to file the divorce. This can be beneficial if the petitioner believes that a certain judge or court would be more favorable to their case.
• Possibility of obtaining temporary orders: When the petitioner files for divorce, they can also request temporary orders, which are court orders that govern issues such as child custody, support, and property use while the divorce is pending. This can provide the petitioner with some level of control over the situation while the divorce is pending.

It’s important to note that being the first to file for divorce does not guarantee a certain outcome. The court will make its decision based on the evidence presented, the facts of the case, and the laws. Also, being the first to file does not give any advantages in terms of child custody or property division.

Spouses Living in Different Counties

When spouses live in different counties in Illinois, there are several factors that may apply to their divorce case:

1. Jurisdiction: The divorce must be filed in the county where one of the parties has lived for at least 90 days prior to the filing of the divorce. The spouse who has lived in the county for the longest period of time generally has the right to file for divorce in that county.
2. Service of process: The spouse who files for divorce must serve the other spouse with a copy of the petition and a summons. This can be done in person, by mail, or by publication if the other spouse cannot be located. If the spouses live in different counties, service may be more difficult and may require the assistance of a process server.
3. Travel: If the spouses live in different counties, they may have to travel to attend court hearings, mediation, or other court-related events. This can be time-consuming and costly.
4. Evidence: If the spouses live in different counties, they may have to gather evidence from different locations. This can include financial records, witnesses, or other types of evidence.
5. Child custody: If the spouses have children, they may have to come to an agreement on a parenting plan and child custody arrangements. This can be more challenging if the parents live in different counties, as it can be difficult for the children to travel between the parents’ homes.
6. Property division: If the spouses have property or assets located in different counties, it may be more difficult to divide them equitably.

It’s important for the parties to keep in mind that living in different counties does not necessarily make the divorce process more difficult, but it can make it more complex. It’s important to have a good understanding of the laws and the process and to seek professional advice if necessary.

Spouses Living in Different States

When spouses live in different states, there are several factors that may apply to their divorce case:

1. Jurisdiction: The divorce must be filed in the state where one of the parties has lived for at least six months prior to the filing of the divorce. The spouse who has lived in the state for the longest period of time generally has the right to file for divorce in that state.
2. Service of process: The spouse who files for divorce must serve the other spouse with a copy of the petition and a summons. This can be done in person, by mail, or by publication if the other spouse cannot be located. If the spouses live in different states, service may be more difficult and may require the assistance of a process server or a private investigator.
3. Travel: If the spouses live in different states, they may have to travel to attend court hearings, mediation, or other court-related events. This can be time-consuming and costly.
4. Evidence: If the spouses live in different states, they may have to gather evidence from different locations. This can include financial records, witnesses, or other types of evidence.
5. Child custody: If the spouses have children, they may have to come to an agreement on a parenting plan and child custody arrangements. This can be more challenging if the parents live in different states, as it can be difficult for the children to travel between the parents’ homes.
6. Property division: If the spouses have property or assets located in different states, it may be more difficult to divide them equitably.
7. Different state laws: Each state has its own laws regarding divorce and property division, so it’s important to understand the laws that apply in the state where the divorce is filed.

How Long Does It Take to Get Divorce in Illinois?

The amount of time it takes to get a divorce in Illinois can vary widely depending on a number of factors, such as the complexity of the case, the willingness of the parties to reach a settlement, and the court’s schedule.

In Illinois, the divorce process begins with the filing of a petition for dissolution of marriage. After the petition is filed, the other spouse, known as the respondent, has 30 days to file a response.

After the response is filed, the parties have the opportunity to gather information and evidence through the discovery process. This process can take several months.

If the parties are unable to reach a settlement, the case will go to trial. The trial process can take several months or even years, depending on the court’s schedule and the complexity of the case.

In general, a divorce can take anywhere from a few months to several years to complete.

Consulting an Attorney

If you are considering a divorce in Illinois, it is important to seek professional help as soon as possible. An Illinois divorce lawyer can provide you with legal advice and representation throughout the divorce process.