- How To File for Divorce in Illinois | Illinois Petitions For Dissolution Of Marriage Explained
- Dissolution of Marriage/Divorce | 19th Judicial Circuit Court, IL
- Learn about the necessary forms and processes to file for a divorce in Illinois.
A Joint and Simplified Dissolution of Marriage is a court procedure that allows parties to get divorced faster and more easily if they meet certain specific criteria. Do you qualify? You can file a Joint and Simplified Divorce Petition if all of the following are true:.
How To File for Divorce in Illinois | Illinois Petitions For Dissolution Of Marriage Explained
If so, what is the process? If you qualify for a Joint and Simplified Dissolution of Marriage, you must complete the following forms:. Additionally, pay the required filing and court reporter fees. Make sure you have an original and at least two copies of all of your documents. You may be asked to testify to the information contained in the Judgment. If not, what do you do? If you do NOT satisfy all of the criteria listed above in Paragraph b , you must proceed with a standard Dissolution of Marriage.
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Jurisdiction can you file in Illinois? One or both spouses must be a resident of Illinois or stationed in Illinois while a member of the armed services for at least 90 days prior to the filing of the case, or not less than 90 days before the final judgment is entered. Venue where do you file in Illinois? Filing in a county where neither you nor your spouse resides requires a written request Motion and hearing to proceed.
The Motion must be filed at the same time that you file for divorce. Starting the Process. Note: In any and all petitions filed with the court, you must tell the truth, and must sign the petition as your certification of its truth. Each Petition for Dissolution of Marriage should include the following information:.
A case number and a Judge will be assigned, and an official court file will be opened.
Dissolution of Marriage/Divorce | 19th Judicial Circuit Court, IL
You must file the original and three copies of the Petition. Service of Process : The process of officially delivering the summons and petition to the other party is known as service of process. This provides legal notice of your divorce action to the other party. A party may be served by the Sheriff or by publication in a newspaper. If your spouse lives outside of Lake County, Illinois, then you need the Sheriff of that county to serve your spouse.
You should contact the Sheriff of that county to determine the exact procedure and fees. If you have obtained an Application for Waiver of Court Fees, you must also present this order to the clerk when you e-file your forms for publication to waive the publication fee. The first form you need to file is called a Notice of Publication. This form notifies the Respondent that he or she must file an appearance with the court by a particular date.
The clerk will provide the date and courtroom to be listed on the form. The second form is called an Affidavit for Service by Publication.
This form must be signed and notarized. Fill out the form but do not sign it until you have a notary to witness your signature. The newspaper representative will call you for payment of the publication fee unless you had the fee waived as stated above. Upon payment of the publication fee, the newspaper will publish the notice. The newspaper will mail you a Certificate of Publication listing the days that your notice ran.
If the newspaper fails to send you the certificate, you must contact the newspaper and obtain the certificate. The certificate is required to show the Judge that service was completed. You should check with the court clerk to make sure that this was done. Prove-up on Uncontested Proceedings : If you have reached an agreement with your spouse, you may appear in front of a Judge to finalize your case.
This is known as a prove-up.
Learn about the necessary forms and processes to file for a divorce in Illinois.
You will contact the Clerk of the Court to obtain a prove-up date before the appropriate Judge to appear with your spouse. If your spouse does not plan to appear in court on the date of the prove-up hearing, you must send a Notice of Motion to your spouse indicating the date of the prove-up.
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On the day of the prove-up hearing, you will present to the Judge a proposed Judgment of Dissolution. The Judgment for Dissolution of Marriage is a final order of the court that the judge signs granting you a dissolution of your marriage. The Judgment for Dissolution of Marriage details the terms of your financial settlement, either on its own or by incorporating an agreement that the two of you have drafted and signed commonly known as a Marital Settlement Agreement.
At the prove-up hearing you will need an original and two copies of the following documents:. If there are minor children, you will also need the following:. At the prove-up hearing, plan to arrive at the assigned courtroom early. When you arrive at the courtroom, provide the clerk with the original Judgment of Dissolution, Marital Settlement Agreement, Parenting Agreement and any other applicable documents. The extra copies will be stamped by the clerk at the end of the prove-up hearing and returned to you.
When your case is called by the Judge, the Judge will ask questions and will determine whether everything is in order. If so, you will be required to pay the court reporter. This amount is subject to change, and you should confirm the court reporter fee by calling the Court Reporter Office at prior to the prove-up hearing date. Note that, if you have previously been granted an Application for Waiver of Court Fees, this fee will be waived. If the client and the counsel of record agree, however, a hearing on the motion for leave to withdraw as counsel filed pursuant to this subdivision c 1 may be deferred until completion of any alternative dispute resolution procedure under subdivision c 4.
As to any Petition for Setting Final Fees and Costs against a client or counsel over whom the court has not obtained jurisdiction, a separate summons shall issue. Whenever a separate summons is not required, original notice as to a Petition for Setting Final Fees and Costs may be given, and documents served, in accordance with Illinois Supreme Court Rules 11 and Irrespective of a Petition for Setting Final Fees and Costs being heard in conjunction with an original proceeding under this Act, the relief requested under a Petition for Setting Final Fees and Costs constitutes a distinct cause of action.
A pending but undetermined Petition for Setting Final Fees and Costs shall not affect appealability of any judgment or other adjudication in the original proceeding. The court shall first consider the written engagement agreement and, if the court finds that the former client and the filing counsel, pursuant to their written engagement agreement, entered into a contract which meets applicable requirements of court rules and addresses all material terms, then the contract shall be enforceable in accordance with its terms, subject to the further requirements of this subdivision c 3.
Before ordering enforcement, however, the court shall consider the performance pursuant to the contract. Any amount awarded by the court must be found to be fair compensation for the services, pursuant to the contract, that the court finds were reasonable and necessary. Quantum meruit principles shall govern any award for legal services performed that is not based on the terms of the written engagement agreement except that, if a court expressly finds in a particular case that aggregate billings to a client were unconscionably excessive, the court in its discretion may reduce the award otherwise determined appropriate or deny fees altogether.
A In any circuit court for a single county with. B In any other circuit court, the requirement. After completion of any such procedure or after one. A praecipe for fee hearing shall be dismissed if a Petition for Setting Final Fees and Costs is not filed within 60 days after the filing of the praecipe. A counsel who becomes a party by filing a Petition for Setting Final Fees and Costs, or as a result of the client filing a Petition for Setting Final Fees and Costs, shall not be entitled to exercise the right to a substitution of a judge without cause under subdivision a 2 of Section of the Code of Civil Procedure.
Each of the foregoing deadlines for the filing of a praecipe or a petition shall be:. A tolled if a motion is filed under Section B tolled if a notice of appeal is filed, in which. If a praecipe has been timely filed, then by timely filed written stipulation between counsel and client or former client , the deadline for the filing of a petition may be extended for a period of up to one year.
A consent judgment between client and counsel, however, is permissible if it is entered pursuant to a verified petition for entry of consent judgment, supported by an affidavit of the counsel of record that includes the counsel's representation that the client has been provided an itemization of the billing or billings to the client, detailing hourly costs, time spent, and tasks performed, and by an affidavit of the client acknowledging receipt of that documentation, awareness of the right to a hearing, the right to be represented by counsel other than counsel to whom the consent judgment is in favor , and the right to be present at the time of presentation of the petition, and agreement to the terms of the judgment.
The petition may be filed at any time during which it is permissible for counsel of record to file a petition or a praecipe for a final fee hearing, except that no such petition for entry of consent judgment may be filed before adjudication or waiver of the client's right to contribution under subsection j of Section or filed after the filing of a petition or a praecipe by counsel of record for a fee hearing under subsection c if the petition or praecipe remains pending.
No consent security arrangement between a client and a counsel of record, pursuant to which assets of a client are collateralized to secure payment of legal fees or costs, is permissible unless approved in advance by the court as being reasonable under the circumstances. In an independent proceeding, the prior applicability of this Section shall in no way be deemed to have diminished any other right of any counsel or former counsel to pursue an award and judgment for legal fees and costs on the basis of remedies that may otherwise exist under applicable law; and the limitations period for breach of contract shall apply.
In an independent proceeding under subdivision e 1 in which the former counsel had represented a former client in a dissolution case that is still pending, the former client may bring in his or her spouse as a third-party defendant, provided on or before the final date for filing a petition or praecipe under subsection c , the party files an appropriate third-party complaint under Section of the Code of Civil Procedure.
In any such case, any judgment later obtained by the former counsel shall be against both spouses or ex-spouses, jointly and severally except that, if a hearing under subsection j of Section has already been concluded and the court hearing the contribution issue has imposed a percentage allocation between the parties as to fees and costs otherwise being adjudicated in the independent proceeding, the allocation shall be applied without deviation by the court in the independent proceeding and a separate judgment shall be entered against each spouse for the appropriate amount.
After the period for the commencement of a proceeding under subsection c , the provisions of this Section other than the standard set forth in subdivision c 3 and the terms respecting consent security arrangements in subsection d of this Section shall be inapplicable.
The changes made by this amendatory Act of the 94th General Assembly are declarative of existing law. The written engagement agreement, prepared by the counsel, shall clearly address the objectives of representation and detail the fee arrangement, including all material terms. If fees are to be based on criteria apart from, or in addition to, hourly rates, such criteria e. The client shall receive a copy of the written engagement agreement and any additional clarification requested and is advised not to sign any such agreement which the client finds to be unsatisfactory or does not understand.
Representation will commence upon the signing of the written engagement agreement. The counsel will provide competent representation, which requires legal knowledge, skill, thoroughness and preparation to handle those matters set forth in the written engagement agreement. Once employed, the counsel will act with reasonable diligence and promptness, as well as use his best efforts on behalf of the client, but he cannot guarantee results.
The counsel will abide by the client's decision concerning the objectives of representation, including whether or not to accept an offer of settlement, and will endeavor to explain any matter to the extent reasonably necessary to permit the client to make informed decisions regarding representation. During the course of representation and afterwards, the counsel may not use or reveal a client's confidence or secrets, except as required or permitted by law. The counsel will keep the client reasonably informed about the status of representation and will promptly respond to reasonable requests for information, including any reasonable request for an estimate respecting future costs of the representation or an appropriate portion of it.
The client shall be truthful in all discussions with the counsel and provide all information or documentation required to enable the counsel to provide competent representation. During representation, the client is entitled to receive all pleadings and substantive documents prepared on behalf of the client and every document received from any other counsel of record. At the end of the representation and on written request from the client, the counsel will return to the client all original documents and exhibits.
In the event that the counsel withdraws from representation, or is discharged by the client, the counsel will turn over to the substituting counsel or, if no substitutions, to the client all original documents and exhibits together with complete copies of all pleadings and discovery within thirty 30 days of the counsel's withdrawal or discharge. The counsel cannot be required to engage in conduct which is illegal, unethical, or fraudulent.
In matters involving minor children, the counsel may refuse to engage in conduct which, in the counsel's professional judgment, would be contrary to the best interest of the client's minor child or children. A counsel who cannot ethically abide by his client's directions shall be allowed to withdraw from representation. The counsel's fee for services may not be contingent upon the securing of a dissolution of marriage, upon obtaining custody, or be based upon the amount of maintenance, child support, or property settlement received, except as specifically permitted under Supreme Court rules.
The counsel may not require a non-refundable retainer fee, but must remit back any overpayment at the end of the representation. The counsel may enter into a consensual security arrangement with the client whereby assets of the client are pledged to secure payment of legal fees or costs, but only if the counsel first obtains approval of the Court.