Can You Divorce Without a Lawyer in Illinois?

On Behalf of Gravel & Wechter P.C.   |   Dec 3, 2024   |   Divorce

Even under the best of circumstances, divorce can be a complicated process requiring the separation of assets, dividing of debts, decisions about spousal support, and making of child custody arrangements. However, some people worry that they cannot afford the expense of hiring a divorce attorney or simply think they can handle the work better themselves.

So, can you move forward with a divorce in Illinois without an attorney? Here’s what you need to know about this potentially costly decision.

Does Illinois Allow You to File for Divorce without a Lawyer?

Yes, you can file for divorce in Illinois without the assistance of a lawyer. There is no law requiring that you to have legal representation as you seek to dissolve your marriage. However, be aware that divorce is a complex process and that any mistakes you make during it could continue to affect your life for years or even decades to come.

To file for divorce, either you or your spouse must have lived in Illinois for at least 90 days at the time of filing or at the conclusion of the case. Once you’ve met the residency requirement, you can prepare the appropriate paperwork with the Clerk of the Circuit Court for the county in which either you or your spouse reside. This starts with the Petition for Dissolution of Marriage/Civil Union, which includes sections on the following:

  • Reason for divorce
  • Information about children
  • Parenting plan
  • Debts
  • Personal property, real estate, retirement/pension accounts, and money claims
  • Maintenance/alimony

Depending on the specifics of your marriage, the court may also need the following forms to resolve your case:

  • Certificate of Dissolution of Marriage
  • Summons
  • Entry of Appearance
  • Judgment of Dissolution of Marriage/Civil Union
  • Parenting Plan
  • Certification of Agreement
  • Qualified Domestic Relations Order (QDRO)

You must also serve paperwork on your spouse, keep track of court dates, and attend any hearings or mediation sessions as ordered. Remember, any outstanding disagreements you have with your spouse about the division of marital debt and property, decision-making and parenting time rights of minor children, and spousal maintenance will need to be resolved by the court.

Drawbacks to Filing for Divorce without an Attorney  

Unfortunately, many people who attempt to handle their own divorce quickly find that the cost savings of doing so are not worth it. As you can see, divorce is a complicated legal process in even the best of circumstances. It can become even more so if you and your spouse cannot agree on the terms of your dissolution and need the courts to intervene.

In the long run, hiring an experienced attorney may save you money by helping you to protect what’s rightfully yours. They can:

  • Listen to your concerns and needs so as to tailor their advice to your situation
  • Fill out your divorce paperwork accurately and on time
  • Negotiate with your spouse’s attorney on your behalf
  • Seek compromise whenever possible but push back when necessary
  • Pursue your settlement goals more effectively than you could on your own
  • Represent you at any court hearings or mediation sessions

Moreover, by working with an attorney, you get the peace of mind that comes from knowing your best interests are protected and that you have someone to advocate for you and your family.

Our Family Law Team Wants to Help You

At Gravel & Wechter P.C., we understand that involving an attorney in your personal life can feel overwhelming. However, we want you to know that our compassionate legal team is here to provide you with personalized solutions to your family law issues by focusing on what’s best for you and your family.

Contact our firm today to request a confidential consultation. We want to show you why it pays to have an attorney advocate for you.