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, 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.
What is a Joint Simplified Dissolution of Marriage?
1. There are two kinds of divorces in Illinois. The usual is a formal dissolution (contested or uncontested).
2. The shorter and easier way - as described in the Joint Dissolution of Marriage Brochure, is called a Joint Simplified Dissolution of
Marriage. Couples who agree and have already divided any assets or agreed to any child support or parenting agreements or
arrangements, and who gross annual income, when combined is less than $35,000 (neither party can have a gross annual income from all
sources in excess of $20,000) can file for a divorce using this packet.
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. An Affidavit of Consent must be filled out by both parties and signed before a Notary Public.
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