A Do It Yourself Divorce in Illinois Guide
If you live in Illinois and would like to divorce your spouse, there are some aspects about the procedure you must know before proceeding.
A Divorce Petition
A do it yourself divorce in IL must proceed first with a ‘divorce petition,’ a document typically obtained at a legal aid service. At that time, the spouse seeking divorce will then be called the Petitioner or Plaintiff in the matter, and the spouse receiving the petition will be called the Respondent or Defendant.
The petition, also known as the “divorce papers,” gets completely filled out by the Petitioner. It is then hand-delivered by the Petitioner himself or herself. A copy of the petition is also sent to the court residing in the county from which either party resides.
What Is Included in a Divorce Petition?
The names of every party – husband, wife, children (if applicable) – are included in the petition of any do it yourself divorce in Illinois. In addition, all separate properties are also listed as well as stipulations on the terms for child support, custody, and even alimony.
Steps Toward Serving the Petition
As mentioned earlier, every do it yourself divorce in IL requires that the Petitioner hand-deliver the petition to the Respondent. It is called the “service of process.” At this point, the Respondent may choose to sign or not sign the document. If there’s a refusal, the Petitioner then must proceed to file for a default on the petition through the court. If, also, the Respondent is difficult to locate, a Petitioner may hire a professional server to find the Respondent and deliver the divorce papers.
Once the Petition Is Served….
After the papers have been signed (or not signed), a waiting period begins when all the paperwork is filed, such as automatic restraining orders and an order on both spouses to not borrow against or sell any property, or sell insurance obtained through marriage or borrow more insurance. In addition, children may not be taken out of state during this waiting period.
It’s also within the rights of the Respondent during this time to file a “response” to the actual petition. It can state that he or she either agrees or disagrees with certain stipulations, or the entire divorce completely. If it’s an agreement, the petition may never go to court and proceed through the waiting period a lot quicker with a final judgment awarded.
In the case that a Respondent has a disagreement with anything in the petition….
What Happens When One Spouse Doesn’t Agree With the Terms of the Divorce?
A do it yourself divorce in Illinois can have disagreements on many issues – child support, custody, property distribution, even the entire petition.
It’s for this reason that the dispute enters the courthouse and disagreements are put on the table for dispute.
This is common for a do it yourself divorce in IL when a court hearing deliberates on all the issues – even the entire divorce – and once it’s all discussed, the waiting period continues until the point where the court is ready to decide on the final judgment.