Divorce in Illinois while living together is possible. Courts in Oakbrook Terrace and the rest of the state recognize that not everyone has the resources or even the desire to live separately right away. Good planning, communication, and legal guidance can help you file for and receive an uncontested divorce even if you still live with your ex.
Call Erlich Law Office at (630) 538-5331 for help with your uncontested divorce.
Can You File for an Uncontested Divorce in Illinois While Living Together?
You can file for and get an uncontested divorce in Illinois while living together. The main issue for courts is whether the spouses agree on the terms of the divorce, not on whether they live together.
With agreement on the issues, common ones being asset division, child custody, and spousal support, you could get an uncontested divorce. These tend to be less stressful and less expensive than contested divorces.
Uncontested splits offer clear advantages for people still living together since they may be co-parenting in the same space at the same time, sharing a mortgage or rent, or even turning to each other for emotional support for some problems. Of course, living together during a divorce does require care to maintain clear boundaries and reduce conflict.
Requirements for an Uncontested Divorce When You and Your Spouse Still Live Together
The core requirements to qualify for an uncontested divorce in Illinois, whether you live together or apart, are to agree on the issues, meet the residency guidelines, and get court approval of the divorce.
Agreement on the Issues
Major issues in a divorce tend to be the division of property, assets, and debts, child custody, child support, and spousal support. The parties may need some time to negotiate these issues. Entering into talks with an open mind and a willingness to collaborate on shared goals helps. For example, how is debt divided in a divorce? It varies in each situation. Parties who work together in good faith may have a good chance of coming up with customized solutions that meet their needs. In any case, with no dispute on the issues, the divorce can proceed as uncontested.
No-Fault Grounds
“Irreconcilable differences” is the reason for divorce in Illinois and indicates that the marriage has broken down irretrievably. The grounds are no-fault and cut down on finger-pointing and acrimony. The spouses living together can still mean a marriage has broken down beyond repair, especially if the parties no longer function as a married couple.
Divorce in Illinois while living together may get more complicated if one of the spouses does not agree that the marriage has broken down beyond repair. However, the other spouse can still show that both parties lead a separate life by moving into another bedroom, not wearing his or her wedding ring, and other things.
State Residency
At least one of the spouses must have lived in Illinois for a 90-day minimum before the divorce can be final. You can file before meeting the requirement, but 90 days need to pass before finalization. Whether you live with your spouse does not matter since the requirement is based on residency in Illinois and not on physical separation.
Documentation
Filing legal paperwork with the court is necessary for divorce in Illinois while living together. Common documents include the petition for dissolution of marriage, the marital settlement agreement (with terms for asset division, custody, and other issues), a parenting plan, and the judgment for dissolution of marriage. An uncontested divorce lawyer can make sure your documents are accurate and complete.
Court Approval
A judge must still review and approve uncontested divorces. The process usually takes much less time than a contested divorce and is less contentious.
Whether you have to go to court for uncontested divorce may depend on the judge, the county, and whether all the documentation is in order. Also, if you have a lawyer, this person often can represent you in court and save you from having to appear.
Why an Illinois Divorce Lawyer Can Help Simplify Your Uncontested Divorce in Oakbrook Terrace
Many complexities can occur even in a “simple” uncontested divorce in Illinois.
Avoid Expensive Mistakes
Just one mistake in filing your documents or drafting your marital settlement agreement can cause delays or severe legal disputes. A lawyer can draft and review your paperwork to avoid potentially costly mistakes during your divorce in Illinois while living together.
Help with Asset and Debt Division
In Illinois, marital assets and debts should undergo equitable division. A lawyer can identify the assets and debts to divide. Some types such as retirement plans commonly escape notice, so a lawyer can make sure you understand what you are entitled to and write a fair agreement.
Discuss the Future of the Home and Other Complex Assets
The median value of a home in Illinois is $250,500. You may be living together in Oakbrook Terrace during the divorce, but that might not be the long-term plan. Your divorce attorney can help you figure out what happens to the home and which spouse stays in it after the divorce.
Other complex assets in a divorce that may need serious discussion could include investment portfolios, businesses, real estate holdings, trusts, and cryptocurrency holdings.
Streamline the Process and Reduce Conflict
An Illinois divorce lawyer can reduce confusion and save you time. Flat-fee services for uncontested divorces are common. How much does a divorce cost? With a flat fee, an uncontested divorce could cost as little as $1,000. Also, living together can contribute to tensions during divorce. Lawyers can help with communication and dispute resolution methods that keep the process on track.
Filing for an uncontested divorce in Illinois while living together is possible. Contact us today at Erlich Law Office.
