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Barrister
Barrister, Lawyer
Category: Family Law
Satisfied Customers: 22594
Experience:  Attorney with 14 years experience
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what is filing for divorce process in chicago considering that

Customer Question

what is filing for divorce process in chicago considering that both parties agreed on all terms and conditions and all assets have been equally divided? there are no children. are lawyers necessary or can that be handled without them?
Submitted: 1 year ago.
Category: Family Law
Expert:  Barrister replied 1 year ago.

Hello,
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This is what would be referred to as an uncontested divorce. The divorce process, therefore, begins with the filing of a Petition for Dissolution of Marriage. This must be served with a Summons by the sheriff or a private process server. When a divorce is uncontested, it may be finalized at a brief divorce hearing, which only the petitioner is required to attend.
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Notification takes the form of a Summons. The time for delivering the summons is determined by each county and is printed on a Service of Process form, which when signed proves that the papers were delivered and when returned becomes part of the record.

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After the Summons, the Respondent may file an appearance and written response in the court. The appearance is a form he or she files in response to the petition. This must be filed with the court.

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If both spouses agree to the divorce, they can then begin working on the Marital Settlement Agreement to submit to the court. Some couples may have written the Marital Settlement Agreement even before they file for divorce.

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When both the husband and wife agree and cooperate, an Illinois couple may obtain a "simplified divorce" (750 ILCS 5/451 - 5/467). This requires that they file a Joint Petition for Simplified Dissolution of Marriage.

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To do this, the couple must meet certain conditions that include the following:

> Neither the husband nor the wife is dependent on the other for support, or the dependent party is willing to sign away his or her right to support.
> Either the husband or the wife meets the 90-day residency requirement and considers Illinois to be his domicile.
> The marriage has failed because "rreconciable differences have caused the irretrievable breakdown of the marriage," and the spouses have lived apart for six months or more, attempts at reconciliation have failed, and additional efforts are not practical and "not in the best interests of the family."
> The marriage is childless and the wife is not pregnant.
> The marriage lasted less than eight years.
> Neither party has any interest in real estate.
> The total fair market value of all marital property is less than $10,000, their combined gross income is less than $35,000, and neither party has a gross annual income from all sources of more than $20,000.
> Both spouses have made a disclosure of all assets and tax returns for the years of their marriage.
> Both spouses have a written agreement dividing all assets worth more than $100 and allocates "responsibilities for paying outstanding debts between them."

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In a simplified divorce, both parties must appear at the divorce hearing to testify before the court. Both spouses must meet all conditions to file for a simplified divorce. If both spouses are qualified, the couple may file a Joint Petition for Simplified Dissolution of Marriage. As part of a simplified divorce, both spouses must submit a sworn affidavit in which they swear under pain of perjury to divide their property in accordance with the agreement submitted to the court.

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You don't need an attorney to represent you if both parties have agreed on everyting and it is just matter of filing the paperwork to dissolve the marriage. People who want to file pro se can either download the proper forms on the Circuit Court website on the Internet or obtain the forms at the courthouse.

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Thanks.

Barrister

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Please remember to rate my answer. I will gladly continue our discussion until you have gotten the information you need.

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If you need further help, just reply to me via the “REPLY” or “CONTINUE CONVERSATION” button.

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Please keep in mind that I am trying to help you understand and resolve your situation. I don't make the laws, I am just reporting or interpreting them, so the outcome may not be what you had hoped for.

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Please be patient as I am typically working with several customers at any given time. Some answers take 5 minutes, some 35 minutes.But rest assured, I will get back to you.

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I am not entering into an attorney client relationship, this is a public forum, and all posts are available for public viewing.There is no duty of confidentiality that attaches to any posts. With that in mind, do not post any specific information you do not want available for public viewing.The information provided is not a substitute for a local attorney’s legal advice.

Customer: replied 1 year ago.


Thanks for your response. I have a little situation where my marraige certificate was never submitted by the church official, and I never received it back. Altough I signed my name using my married last name during the ceramony, I never changed my last name and I continued using my maidden name until now. How should I file for divorce-using my maiden or my married name.


 


Also, for uncontested divorce, does it make any difference if one of the spouses obtained a real estate property and the other spouse agrees that the property should stay in posession of the spouse who made the purchase? This is not something that we want to devide.

Expert:  Barrister replied 1 year ago.
Well, if you never formally changed your name through the marriage process, then you would file under your maiden name. A person doesn't have to take their spouse's name when they marry if they don't want to.
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No, the parties are free to divide up their assets however they feel is best and the court won't second guess their judgment.
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Thanks.

Barrister

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Please remember to rate my answer. I will gladly continue our discussion until you have gotten the information you need.

.

If you need further help, just reply to me via the “REPLY” or “CONTINUE CONVERSATION” button.

.

Please keep in mind that I am trying to help you understand and resolve your situation. I don't make the laws, I am just reporting or interpreting them, so the outcome may not be what you had hoped for.

.
Please be patient as I am typically working with several customers at any given time. Some answers take 5 minutes, some 35 minutes. But rest assured, I will get back to you.

.

I am not entering into an attorney client relationship, this is a public forum, and all posts are available for public viewing. There is no duty of confidentiality that attaches to any posts. With that in mind, do not post any specific information you do not want available for public viewing. The information provided is not a substitute for a local attorney’s legal advice.

.

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