What do I need to file a divorce with no children and no assets?

In Illinois, divorce is referred to as “dissolution of marriage” and you and your spouse must have lived in Illinois for at least 90 days.

To file a no-fault divorce, essentially stating that you cannot get along anymore, you must have lived in Illinois for at least 90 days and separate from each other for a specific length of time, usually six months if you both agree on the no-fault divorce. 

If you wish to file a fault-based divorce, Illinois recognizes a number of grounds for fault-based divorce:

  • Adultery
  • Bigamy
  • Giving the other a sexually transmitted disease
  • Attempted murder
  • Cruelty (physical or mental)
  • Felony conviction
  • Abandonment
  • Addiction to drugs
  • Habitual drunkenness
  • Impotence

If you have no children and no assets, you will need to fill out the financial disclosures for the court anyway to determine debt division, if any, and for the court records. Once each party agrees to the accuracy of the disclosures and any division of debt or property, the magistrate will review and approve the financial division of property.

If you do not have children, you will not need to file any child custody-related paperwork.

Even if you have no assets and no children, legal counsel is still important to ensure that you are receiving a fair settlement in your divorce. 

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