As Bob Dylan put it best on his 1964 album, “The times, they are a-changin.’”
Finding that special someone has been high-tech for years, with online match-making sites grossing over $3 billion a year and 40% of couples in the U.S. now meeting for the first time online.
But while the divorce process has evolved steadily in Illinois over the last 201 years since the first divorce laws in the state were passed, 2020 has seen some of the most momentous changes to the legal process of how couples get divorced — including the possibility for virtual divorce in McHenry, Illinois.
A high-tech divorce scenario
Imagine this: A young, impetuous couple gets married. A few years later, they both realize that they made a big mistake and that they aren’t the soulmates that they thought they were. Luckily, they didn’t have children, so they don’t have anything to worry about there.
Hubby wants Fido, and wifey is fine with that. (Fido has bladder control issues anyway.) At some point, the straw breaks the camel’s back, and they decide to part ways. A few months later, it is time to finalize this split and make it official in the legal sense, but they are both reluctant to start divorce proceedings because it is going to be expensive and a hassle.
What the unhappy couple doesn’t realize is that divorce has gone high-tech. As a result of the recent upheaval caused by the pandemic and the need for extreme health safety measures, some courts in Illinois have streamlined the process and actually made it possible to get a divorce without ever setting foot in a courtroom or even attending a Zoom hearing.
Couples can now get “e-divorced,” for lack of a better term. It doesn’t have to be expensive, and they don’t have to miss hours or days of work to settle the divorce.
How does Virtual Divorce work in Illinois?
Virtual divorces will still need to satisfy all of the standard requirements for a divorce, they simply don’t need to waste much, if any, time in a courtroom as long as both spouses are relatively amicable in the negotiations. Here’s the basic process for a virtual divorce:
- At least one of the two spouses will need to show that they have been an Illinois resident for a minimum of 90 days to verify and satisfy residency requirements.
- The couple must have lived separately and apart for a period of at least six months. This is required for divorces based on “irreconcilable differences” and filing as no-fault.
- One party will need to file the petition for dissolution of marriage with the clerk of the county in which the marriage occurred, in most cases. Some counties may not have this requirement.
- The matter must be uncontested (meaning that the couple must be in complete agreement as to all issues), and both spouses must be aware of the proceedings.
- Assets need to be discovered and determined to be co-owned or individually owned.
- Parties will need to negotiate and eventually agree on issues such as child support, custody, insurance, spousal support, and more.
- To finalize a divorce, at least one court appearance, held virtually in this case, must be attended. Failed negotiations or contested divorces may need several court appearances.
Once everything is filed and filing fees are paid, the dissolution of the marriage can be set for electronic proof-up by submitting the final documents and orders to the Judge. If everything is done correctly, the Judge signs the Judgment for Dissolution and the parties are free to begin the search again for their true soulmate.
How an Illinois Online Divorce Attorney Helps Protect Your Interests
An Illinois online divorce attorney helps spouses prepare accurate divorce documents and comply with court requirements during virtual divorce proceedings. Even uncontested divorces involve legal and financial decisions that can affect future obligations and parental rights.
An attorney may assist with:
- Preparing divorce petitions and settlement agreements
• Managing electronic court filings and deadlines
• Reviewing financial disclosures and asset division
• Negotiating custody, parenting plans, and support agreements
• Representing clients during virtual court hearings
Legal guidance can help reduce filing errors, prevent delays, and ensure divorce agreements comply with Illinois law.
Speak With an Illinois Online Divorce Attorney Today
Navigating divorce can feel overwhelming, especially when trying to balance legal requirements with emotional and financial concerns. Working with our Illinois online divorce attorneys allows you to complete the legal process with guidance designed to protect your rights while simplifying court procedures.
Diamond Legal P.C. helps individuals and families throughout Illinois complete virtual divorce proceedings involving settlement agreements, parenting arrangements, and financial support matters. If you are considering an online divorce or need assistance finalizing your case, contact us to schedule a confidential consultation and learn about your available legal options.
Frequently Asked Questions About Online Divorce in Illinois
1. Can you get divorced completely online in Illinois?
Many Illinois divorce cases can be handled virtually through electronic filing, remote document review, and virtual court appearances. However, legal requirements and court procedures must still be followed.
2. How long does an online divorce take in Illinois?
The timeline varies depending on court schedules and whether the divorce is contested. Uncontested virtual divorces are often completed faster than traditional contested cases.
3. Do both spouses need to agree for an online divorce?
Most virtual divorces require spouses to agree on property division, financial support, and parenting issues. Contested divorces may require additional court hearings.
4. Is online divorce less expensive than traditional divorce?
Online divorce may reduce certain costs, such as travel and multiple court appearances. However, legal fees and court filing costs still apply depending on case complexity.
5. When should I speak with an online divorce attorney?
Speaking with an attorney early can help ensure your agreements comply with Illinois law and prevent future disputes or delays.