Do I need a lawyer for a divorce in Illinois?
Walter Jackowiec III
Illinois managing attorney at Marble Law
Key Takeaways
- There is no legal requirement to work with a lawyer for a divorce in Illinois.
- For any divorce, whether uncontested or contested, and no matter how well the spouses get along, an attorney can be a valuable asset.
- An experienced divorce lawyer can ensure all paperwork is properly filled out and filed, plus they understand both law and how local judges work. This can lead to a smoother divorce process compared to if you try to represent yourself.
- A lawyer is particularly helpful in divorce cases involving children and in high-net-worth divorces.
The short answer is no. You do not need a lawyer for a divorce in Illinois. However, you may want to really think things over before you decide to go this route.
First of all, divorce is a legal process with many factors to consider. It often involves lots of paperwork, various deadlines and numerous steps for things you may never have heard of, such as discovery and service of process. Google and AI may help, but only to a degree.
Secondly, many people decide to do a “DIY divorce”, handling every step of the process without the help of an attorney, in an effort to save money. However, this can result in forms being filed incorrectly and other errors that can lead to delays and add additional fees to your divorce.
It is recommended that a person seeks legal advice when they want to file for a divorce because the parties may have to deal with at least some—if not all—of the following:
- Division of debts
- Division of assets
- Child support
- Child custody
- Parenting time
- Spousal maintenance
- Retirement accounts
- Sale of real estate
- Changing names on assets
- Parenting time
- And an assortment of other issues
Get the right lawyer for your divorce
Schedule a free 15-min call with our team today
An experienced divorce lawyer has been through all of this many times before and knows not only the best steps but also other resources that can help along the way.
And if your divorce case goes to trial, an attorney can help make sure that your rights are protected during the process and represent you in court, increasing the likelihood that you’ll reach a final decision that suits your wishes. Let’s face it, divorce can be an emotional journey, and standing before a judge may feel intimidating. Even the most confident person may become angry or upset or feel attacked in a courtroom, especially if their spouse is represented by an attorney. But if you also have any attorney, they can not only help calm your emotions, they will also speak for you.
Do I need an attorney if my divorce is uncontested?
Even if you are in agreement with your spouse and you have an uncontested divorce, having an attorney review your divorce settlement agreement can ensure all of your rights are considered and protected. This agreement is a legal document—if you unknowingly sign away certain rights or agree to something you don’t actually want, it will take more time to change the agreement, and in the meantime, you have to live according to its rules.
Quality legal care for life’s ups and downs
Our services
Client support
