Illinois Legal Services - Divorce

Divorce

The following information is public information obtained from the Cook County Clerks Website.

Does a legal name change have to be filed when a spouse's name or resuming use of a maiden name
following a Divorce?

In the case of Marriage, no. A copy of your marriage license will suffice.

In the case of a Divorce, usually the use of a woman’s maiden name is granted in the divorce decree.
If so, a certified copy of the divorce decree is the only documentation needed.

If not, the party in question has two years to amend the divorce decree. After two years,
the party in question must go through the name change procedure.

What does it mean to have an Uncontested vs a Contested Divorce?

In an uncontested divorce, both sides agree on the divorce, a division of marital property,
and child custody and visitation issues, if any.

A contested divorce is where the parties disagree about one or more of these areas,
which must then be negotiated or litigated.

How long will it take to get a divorce?

There is no set time period. Key factors in the timetable include the schedules of the judge
and the parties involved as well as whether or not the divorce is contested.

Is there a waiting period to obtain a Divorce Judgment?

It depends on the grounds being alleged for divorce. For example: If the alleged grounds for divorce are mental and
physical cruelty, there is no required separation period.

If the alleged reason for divorce is irreconcilable differences, there is a statutory two-year waiting period, but this
can be waived and reduced to 6 months if both parties agree.