How Do I File for Divorce in Illinois?

Every state has its own rules and procedures for filing a divorce. Here's what you need to know to get started with your Illinois divorce (also called a "dissolution of marriage").

Residency Requirements for Divorce in Illinois

You must meet a state's residency requirements before you can file for divorce in its courts. To get a divorce in Illinois, at least one spouse must live in the state (or be stationed there while serving in the military) for a minimum of 90 days before filing. (750 Ill. Comp. Stat § 5/401(a) (2024).)

The Grounds for Divorce in Illinois

Illinois is a "no-fault" divorce state—meaning that the courts don't require one spouse to prove that the other's bad acts were the cause of the divorce. No-fault divorces reach resolution faster than fault-based divorces because the spouses don't have to argue about or prove who was responsible for the divorce. Also, with a no-fault divorce, you don't have to have your spouse's consent to end the marriage.

An Illinois court will find that there is good reason (grounds) to grant a divorce when:

• irreconcilable differences have caused the breakdown of the marriage, and there's no chance of reconciliation, or
• the spouses live separate and apart for a continuous period of 6 or more months immediately before the entry of the divorce judgment.

(750 Ill. Comp. Stat. § 5/401 (2024).)

How to File for Divorce in Illinois

Generally, there are two types of divorce—uncontested and contested. An uncontested divorce is one where the spouses agree on all divorce-related matters, such as division of property, child custody, and alimony (spousal support). A contested divorce, on the other hand, is one where the spouses disagree on at least one topic and must ask a court to decide the issues in their divorce.

Uncontested divorces usually reach resolution faster and are less expensive than contested divorces because there's no fighting in court. Instead, the judge needs only to review and approve the spouses' marital settlement agreement and issue a divorce decree.

To get a divorce in Illinois, you'll need to file your divorce paperwork in the Illinois circuit court where either you or your spouse lives. (750 Ill. Comp. Stat. § 5/104 (2024).)

Unlike some states, Illinois doesn't have a "waiting period" between when you file your divorce and when the court can start processing it—Illinois courts can begin processing divorce cases as soon as the time has passed for the spouse who didn't start the process to respond to the petition (usually 30 days).

How to File an Uncontested Divorce in Illinois

When you and your spouse have agreed on the issues in your divorce, the next step in getting an uncontested divorce in Illinois is to file the required paperwork. Check with the clerk of the court to confirm what's required, but in most courts you'll need to file a:

• Petition for Dissolution of Marriage/Civil Union (there are two types of petition forms: one for couples with children and one for couples without children)
• Judgment of Dissolution of Marriage/Civil Union (there are two types of judgment forms: one for couples with children and one for couples without children)
• Parenting Plan (if you have children)
• Summons (if needed), and an
• Entry of Appearance (if needed—use this form if your spouse doesn't need to be served with a summons, discussed below).

These are the basic forms to get started with an Illinois divorce; depending on your situation you might have to file different or additional forms. Read the forms and their instructions for detailed guidance.

Illinois Joint Simplified Dissolution

Spouses who agree on the terms of their divorce and who meet certain requirements can file for an expedited form of dissolution called "joint simplified dissolution." To qualify for a joint simplified dissolution, the following must be true:

• neither spouse is seeking maintenance
• one or both of the spouses meet the residency requirements
• the marriage is irreconcilably broken
• no children were born of the marriage or adopted during the marriage, and neither spouse is pregnant by the other
• the marriage lasted 8 or fewer years
• neither spouse has an interest in real property or retirement benefits, unless the retirement benefits are exclusively held in individual retirement accounts and the combined value of the accounts is less than $10,000
• the fair market value of all marital property (minus debts) is less than $50,000 and the combined gross annualized income from all sources is less than $60,000, and neither party has a gross annualized income in excess of $30,000
• the parties have disclosed to each other all assets and liabilities and their tax returns for all years of marriage
• the parties have a written agreement dividing all assets in excess of $100 in value and allocating responsibility for debts and liabilities between the parties, and
• the parties have a written agreement allocating ownership of and responsibility for any pets.

(750 Ill. Comp. Stat. § 5/452 (2024).)

How to File a Contested Divorce in Illinois

A contested divorce begins when one of the spouses files a petition for divorce (dissolution) with the court. In Illinois, many of the documents you need for a contested divorce are the same as the forms for an uncontested divorce. However, you'll want to read each form carefully to make sure that it's not specific to an uncontested or joint simplified dissolution.

After your spouse responds to the petition, the court will schedule a court date for a hearing. If your court's clerk doesn't automatically schedule a hearing date, be sure to request one. The judge will make decisions about any issue you and your spouse can't agree on.

When the hearing is over, if the judge has enough information to make a decision, the judge might enter a Judgment of Dissolution of Marriage on the spot. If the judge needs more time, though, the court will alert you when the judge has made the final decision.

It can take from six months to two years to finalize a contested dissolution in Illinois.

Divorce Filing Fees in Illinois

Along with filing the right paperwork, you'll have to pay court filing fees to begin your divorce. Filing fees in Illinois vary from county to county, so you'll need to contact the circuit court clerk to find out the fees at the court where you plan to file. As just one example, the filing fees for a dissolution of marriage in Lake County are $334 (as of 2024, but always subject to change).

If you can't afford to pay the filing fees, you can ask the judge to waive them. You can request a fee waiver by filing an Application for Waiver of Court Fees. Illinois Legal Aid Online has an online program to help you prepare a fee waiver. If the court grants your request to waive fees, you will not have to pay any court costs during your divorce, including the filing fees and fees for service of process (more on that below).

Serving Your Spouse in Illinois

Once you file the paperwork, you'll need to give your spouse notice of the divorce, along with copies of the documents. If the two of you are cooperating in the divorce process, the easiest way to do this is to have your spouse agree to waive service by completing and filing an Entry of Appearance form. Then you can simply give or mail your spouse a copy of the paperwork.

If your spouse won't waive service, you'll need to serve your spouse with the summons and petition, usually by arranging to have the sheriff (in the county where your spouse lives) deliver the papers in person or by mail.

But if that's not practical, you may file a motion asking the court to allow another method of service. Traditionally, that meant publishing a notice in a local newspaper. But Illinois now allows judges to order service by electronic means, including:

• email
• text, or
• direct message (DM) in your spouse's active social media account.

Before ordering electronic service, the judge must be satisfied that your spouse has access to the necessary technology, as well as the ability to use it. If the judge allows you do serve your spouse this way, you'll need to attach copies of the divorce papers to the email, text, or DM. You'll also have to follow up by mailing hard copies of the documents to your spouse's last known address.

(735 Ill. Comp. Stat. §§ 5/2-203, 5/2-203.1; Ill. Sup. Ct. Rules, rule 102 (2024).)

Getting Help Filing Your Illinois Divorce

If you'd like to DIY your divorce, many of the forms you'll need are available on the Illinois courts' website. Also, Illinois Legal Aid has an "easy form" program online that helps you fill out all the forms you need for a divorce.

If you're working with an attorney, your attorney will assess your situation and fill out, file, and serve all the necessary forms. Many divorcing couples can't afford to hire an attorney to handle their entire case, but would like some assistance with completing and filing their forms. If this describes your situation, you might be able to find an attorney who will consult with you an on as-needed basis. Or, if you qualify to file for an uncontested divorce, you could file for divorce online with a service that will provide you with the completed forms and essentially walk you through the process. Finally, low-income individuals might qualify for reduced-fee or free legal aid.