Filing for divorce in Illinois, like in most states, typically involves some costs, including court fees. However, if you’re unable to afford these fees, you may be eligible for a fee waiver, which would essentially allow you to file for divorce for free or at a reduced cost. There are also several methods you can use to save costs if you’re willing to try mediation or if you represent yourself. Here are the steps for how to file for divorce for free in Illinois:
Step 1: Determine Eligibility for a Fee Waiver
In Illinois, fee waivers are generally available to individuals who can demonstrate financial hardship. Criteria for eligibility may vary by county, so it’s essential to check with your local courthouse for specific requirements. Typically, you will need to provide documentation of your income, expenses, and assets to prove that you cannot afford the filing fees.
Step 2: Obtain and Complete the Required Forms
You will need to obtain the necessary divorce forms. These forms are available on the Illinois Legal Aid website (www.illinoislegalaid.org) or from your local courthouse’s family law division. The primary forms you’ll need include:
- Petition for Dissolution of Marriage: This is the formal document that initiates the divorce process.
- Answer to Petition for Dissolution of Marriage: This is the formal response to a petition for divorce that involves affirming or denying the allegations of the petition.
- Summons: This informs your spouse that you are filing for divorce and lets them know the date of the first hearing.
- Notice of Appearance: This form lets the court know that you are participating in the case.
- Financial Affidavit: This document outlines your financial situation, which is essential for the fee waiver application.
If you need to fill out additional motions the court will let you know. Feel free to ask questions to the clerks and read through their website to ensure you have everything you need prepared. If this seems overwhelming you may be wondering just how much it really costs to hire a family law attorney. To learn more check out “How Much Does a Family Law Attorney Cost in Illinois?”
Step 3: Complete the Fee Waiver Application
If you believe you qualify for a fee waiver, you will need to complete a fee waiver application, which is typically a separate form available at the courthouse or on the court’s website. On this form, you will provide details about your income, expenses, and assets. Be sure to include all required documentation to support your claim for a fee waiver, such as pay stubs, bank statements, and proof of public assistance, if applicable.
Step 4: File the Forms with the Court
Once you have completed the necessary divorce forms and the fee waiver application, take them to the clerk’s office at your local courthouse. Submit the documents, and the court clerk will review your fee waiver application and determine whether you qualify.
If you do not qualify then your application will be rejected. Fees are typically a few hundred dollars throughout the proceeding. Keep reading to find more ways to save money during the divorce process.
Step 5: Attend Court Hearings
After filing your divorce papers, you will need to attend court hearings as required by the court. These hearings are typically scheduled to address issues like child custody, support, and property division. It’s advisable to seek legal advice or representation to ensure your interests are adequately protected during these proceedings but with enough research and preparation you can have successful results in court representing yourself.
To learn more about representing yourself check out “How To Represent Yourself In Family Court in Illinois.”
Step 6: Follow Court Procedures
Throughout the divorce process, make sure to adhere to all court procedures and deadlines. Failing to do so can result in delays or complications in your case which can increase the costs.
Divorce Mediation
An alternative way many clients decide to dissolve their marriage is through divorce mediation. Mediation involves a neutral third party mediator that works with the couple to reach an agreement on terms regarding asset division, parenting time, child support, and alimony. Mediation does not require the couple to get their own lawyers, meaning they do not have to pay anyone other than the mediator. It is always advisable, however, to seek legal counsel to ensure your rights are upheld, especially if your spouse has retained an attorney already.
To learn more about mediation check out “10 Benefits of Divorce Mediation.”
Conclusion: How to File for Divorce for Free in Illinois
While it is possible to file for divorce in Illinois for free if you qualify for a fee waiver, it’s essential to understand that navigating the legal system can be complex. Consider seeking legal advice or assistance, especially if your case involves significant assets or complex issues. An attorney can help ensure that your rights and interests are properly represented throughout the divorce process.
MEET WITH AN ILLINOIS FAMILY LAW ATTORNEY TODAY
The Family Law attorneys at Koth Gregory & Nieminski understand that your family is the top priority, which is why we offer SAME-DAY APPOINTMENTS. If you need a divorce or other family law services, you can schedule your first meeting through our online appointment calendar. We look forward to meeting you.
Disclaimer: This article (How to Tell Your Husband You Want a Divorce) may contain information that is outdated as Illinois law continuously evolves. Meeting with an experienced family law attorney is the best way to ensure you are receiving the most current information about How to Tell Your Husband You Want a Divorce.
Published by Dustin Koth on August 22, 2024
