Familia y seguridad

The Illinois Courts offer free divorce forms accepted throughout the state. While there are recommendations regarding who should not use this form (such as marriages where a spouse is pregnant), the forms can be used to file for and complete a divorce.

Learn more about divorces, the forms, and get access to guided interviews at:

• Iniciar un caso de Divorcio sin hijos 
• Starting a divorce with children case
• Iniciar una respuesta a un caso de Divorcio

Court fees are charges a person pays to use the court system, like filing papers or having the sheriff serve documents. Both the filing spouse (petitioner) and the responding spouse (respondent) may have to pay fees during certain parts of the divorce case. The fees can vary by county. 

In Illinois, an Application for Waiver of Court Fees (Civil) (Application for Waiver of Court Fees (Civil)) can be filed by either spouse to ask a judge to fully or partially waive their fees. This can include fees for:

• Filing a divorce petition, answer, or counterpetition;
• Having a sheriff legally serve the responding spouse with notification of the divorce case;
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• Court-ordered parenting classes.

Learn more about how to file for a fee waiver.

In a divorce, having a lawyer's help can be important, particularly if there are children or substantial property or debt. If one spouse has a lawyer and the other spouse does not, they are at a distinct disadvantage in the case. However, there may be situations where one spouse lacks access to funds or otherwise lacks sufficient income to pay for a lawyer.

Illinois law allows a spouse to ask a judge to order their spouse to pay for a lawyer for them. This is called “interim attorney’s fees.” El juez considerará:

• Each spouse’s income and property, including who has access to funds;
• Each spouse’s needs;
• Each spouse’s realistic earning capacity;
• If there is any impairment to the spouse’s earning capacity, including age and health;
• The standard of living during the marriage;
• How complicated and complex the divorce issues are;
• Each spouse’s access to relevant information; and
• How much the paying spouse is paying for their own lawyer.

The judge will look at whether the paying spouse has the financial ability to pay these fees, as well as whether the requesting spouse is unable to access assets or income to pay for their lawyer. The judge will consider what is needed to make things fair between the spouses.

Civil legal aid organizations in Illinois may have programs to help low-income spouses with their divorce cases for free. These organizations may also work with private lawyers who wish to volunteer to help with a divorce case for free (pro bono). People are not guaranteed a lawyer because they are low-income, but are encouraged to apply for services. Learn more about free legal aid help and how to apply.

Some legal aid organizations help with certain types of divorces. For instance, they may have special grant funding to help a spouse who is a domestic violence survivor.

Get Legal Help can also be used to find a legal aid organization.

If it is difficult to find low-cost or free full direct legal representation in a divorce, then there are other resources that may be able to help with parts of the case. These resources may be able to help with things like understanding a legal document or completing a form:

• Pregunte a abogados voluntarios por consejo legal no urgente a través de Illinois Free Legal Answers
• Llame a líneas telefónicas de ayuda, como la Linea directa Legal del Condado de Cook de CARPLS 
• Attend a free walk-in legal aid clinic, such as Legal Aid Chicago Clinics, Land of Lincoln Legal Aid events, and Chicago Volunteer Legal Service Clinics

Another possibility is something called limited scope representation or unbundling. This is where a case is broken into parts. Some parts the lawyer will do, and some parts the client will do themselves. Learn more about limited scope representation.

After a divorce case is filed, it may take some time before the final hearing is scheduled. In the meantime, one of the spouses can ask for a temporary order. This is a court order that dictates what happens while the divorce case is pending. It can require:

• One spouse remains in the family home;
• One spouse pays the other spousal maintenance (alimony);
• One spouse pays the other child support for their children;
• One spouse pays for the other’s lawyer in the divorce case;
• That the mortgage and other household expenses continue to be paid; and
• That home, car, and health insurance continue to be paid.

Temporary orders may allow a spouse who otherwise lacks access to marital funds to remain in their home or pay bills while the divorce is ongoing. Learn more about temporary orders.