Illinois requires a 90-day residency period, charges filing fees ranging from $210 to $388 depending on the county, and operates as a purely no-fault divorce state under 750 ILCS 5/401. The average uncontested divorce in Illinois takes 2 to 6 months from filing to final judgment, while contested cases with property division or parenting disputes may extend 12 to 18 months or longer. This divorce checklist for Illinois covers every step from pre-filing preparation through post-judgment compliance.
| Key Fact | Detail |
|---|---|
| Filing Fee | $210 - $388 (varies by county; Cook County is $388) |
| Waiting Period | No mandatory waiting period if both parties agree |
| Residency Requirement | 90 days in Illinois before judgment can be entered |
| Grounds | No-fault only: irreconcilable differences (750 ILCS 5/401) |
| Property Division | Equitable distribution (750 ILCS 5/503) |
| Parenting Terminology | Allocation of parental responsibilities, not "custody" |
| E-Filing | Mandatory statewide via eFileIL |
| Fee Waiver | Available at or below 125% of federal poverty guidelines |
As of March 2026. Verify fees with your local circuit clerk.
What Are the Residency Requirements to File for Divorce in Illinois?
At least one spouse must have been a resident of Illinois for a minimum of 90 days immediately before the court can enter a final dissolution judgment under 750 ILCS 5/401(a). A petitioner may file the divorce petition at any time, but the court will not finalize the divorce until the 90-day residency threshold has been met. Military service members stationed in Illinois satisfy the residency requirement regardless of their state of legal domicile.
Venue rules require that the petition be filed in the circuit court of the county where either spouse resides. Illinois has 102 counties, each with its own circuit court clerk. Filing in the wrong county does not void the case, but the respondent may request a transfer of venue to the proper county. If both spouses live in different Illinois counties, the petitioner may choose either county.
What Documents Do You Need Before Filing for Divorce in Illinois?
Illinois divorce cases require assembling personal identification, financial records, and family documents before filing the Petition for Dissolution of Marriage. Gathering these documents in advance typically saves 4 to 8 weeks of delays during the discovery process. This divorce checklist for Illinois prioritizes documents by phase: pre-filing essentials, financial disclosure requirements, and parenting documentation.
Personal and Legal Documents
- Marriage certificate (certified copy from the county clerk where you married)
- Government-issued photo ID for both spouses (driver's license, passport, or state ID)
- Social Security cards for both spouses and all minor children
- Birth certificates for all minor children
- Prenuptial or postnuptial agreement, if one exists
- Any existing orders of protection or prior court orders
- Prior divorce decrees from previous marriages
Financial Disclosure Documents
Under 750 ILCS 5/503(g), both parties must produce a full financial disclosure. Illinois courts may impose sanctions for incomplete or fraudulent financial disclosures. Gather the following:
- Federal and state tax returns for the last 3 years (including all schedules and W-2s)
- Pay stubs from the last 6 months for both spouses
- Bank statements for all accounts (checking, savings, money market) for the last 12 months
- Investment account statements (brokerage, 401(k), IRA, pension) for the last 12 months
- Real estate deeds, mortgage statements, and property tax bills
- Vehicle titles, loan statements, and lease agreements
- Credit card statements for the last 12 months
- Business financial statements and tax returns (if either spouse owns a business)
- Life insurance policies with current cash values
- Student loan statements and balances
- Medical debt and outstanding judgments
Parenting Documents (If Minor Children Are Involved)
Illinois requires parents to file a proposed parenting plan within 120 days of filing or service under 750 ILCS 5/602.10. Begin documenting:
- Children's school records and enrollment information
- Childcare arrangements and costs
- Health insurance coverage details for children
- Extracurricular activity schedules and expenses
- A proposed parenting time schedule
- Records of each parent's involvement in daily care
How Do You File for Divorce in Illinois Step by Step?
The Illinois divorce process begins with filing a Petition for Dissolution of Marriage in the circuit court of the county where either spouse resides, followed by service of process, mandatory disclosures, and either a settlement or trial. Illinois mandates electronic filing through eFileIL in all counties. The standard filing fee ranges from $210 to $388 depending on the county, with Cook County charging the highest fee at $388.
Step 1: Prepare and File the Petition
Draft the Petition for Dissolution of Marriage using Illinois Supreme Court approved forms available at illinoiscourts.gov. The petition must state that irreconcilable differences have caused the irretrievable breakdown of the marriage under 750 ILCS 5/401(a). File electronically through eFileIL (efile.illinoiscourts.gov). Pay the filing fee or submit a Fee Waiver Application if your household income falls at or below 125% of the federal poverty guidelines (approximately $19,088 for a single person in 2026).
Step 2: Serve the Respondent
After filing, the respondent must be formally served with the petition and summons. Illinois allows three methods of service:
- Personal service by the county sheriff or a licensed private process server (fee typically $25 to $75)
- Service by special appointment through the court
- Voluntary acceptance of service (respondent signs a waiver)
The respondent has 30 days after service to file an appearance and response. If the respondent fails to respond within 30 days, the petitioner may seek a default judgment.
Step 3: Complete Mandatory Disclosures
Both parties must exchange full financial disclosures under 750 ILCS 5/501. This includes income verification, asset inventories, debt schedules, and expense statements. Failure to provide complete disclosures can result in court sanctions, adverse inferences, or reopening of the judgment.
Step 4: Attend Required Programs
Illinois requires parents of minor children to complete an approved parenting education program of up to 4 hours under 750 ILCS 5/404.1. Many counties offer these programs online for $25 to $50. Some counties also require mediation before a parenting dispute can proceed to trial.
Step 5: Negotiate or Litigate
If both parties agree on all terms (property division, maintenance, parenting), they submit a Marital Settlement Agreement and Parenting Plan to the court for approval. An agreed (uncontested) divorce in Illinois can be finalized in as few as 30 to 60 days after service. If disputes remain, the case proceeds through discovery, potentially a guardian ad litem appointment (at $150 to $350 per hour), and trial.
Step 6: Final Judgment
The court enters a Judgment for Dissolution of Marriage once all issues are resolved and the 90-day residency requirement has been satisfied. The judge reviews the Marital Settlement Agreement for fairness and ensures the Parenting Plan serves the children's best interests under 750 ILCS 5/602.7(b).
How Is Property Divided in an Illinois Divorce?
Illinois divides marital property using equitable distribution under 750 ILCS 5/503, meaning assets are divided in "just proportions" rather than automatically split 50/50. The court considers 13 statutory factors when determining what constitutes a fair division, including each spouse's contribution to the marriage, the duration of the marriage, and the economic circumstances of each party at the time of distribution.
All property acquired during the marriage is presumed to be marital property. Non-marital property includes assets acquired before the marriage, inheritances, gifts to one spouse, and property excluded by a valid prenuptial agreement. When classification is unclear, Illinois courts resolve doubts in favor of marital property under 750 ILCS 5/503(b). Marital misconduct is explicitly excluded from property division considerations in Illinois.
| Property Type | Definition | How It Is Treated |
|---|---|---|
| Marital Property | Assets acquired during marriage | Divided equitably using 13 statutory factors |
| Non-Marital Property | Pre-marriage assets, gifts, inheritances | Retained by the owning spouse |
| Commingled Property | Non-marital assets mixed with marital funds | May be reclassified as marital property |
| Dissipated Assets | Marital assets wasted by one spouse | Court may credit the non-dissipating spouse |
How Is Spousal Maintenance Calculated in Illinois?
Illinois calculates spousal maintenance using a statutory guideline formula for couples with combined gross income under $500,000 per year: 33.33% of the payer's net income minus 25% of the recipient's net income equals the monthly maintenance amount under 750 ILCS 5/504. The recipient's total maintenance award cannot exceed 40% of the combined net income of both spouses.
Maintenance duration depends on the length of the marriage. Illinois uses a multiplier table that increases with marriage duration:
| Marriage Duration | Duration Multiplier |
|---|---|
| 0 to 5 years | 20% of marriage length |
| 5 to 10 years | 24% to 40% (sliding scale) |
| 10 to 15 years | 44% to 60% (sliding scale) |
| 15 to 20 years | 64% to 80% (sliding scale) |
| 20+ years | Equal to marriage length or permanent |
For marriages lasting 20 years or more, the court may order maintenance for a period equal to the length of the marriage or award indefinite (permanent) maintenance. For couples with combined gross income exceeding $500,000, the court has discretion to set maintenance based on statutory factors rather than the formula.
Effective January 1, 2025, maintenance obligations now continue to accrue during a payer's incarceration. Previously, support was suspended while a spouse was imprisoned. The incarcerated spouse may still petition the court for a modification based on changed circumstances.
How Does Illinois Handle Parenting Time and Decision-Making?
Illinois replaced the terms "custody" and "visitation" with "allocation of parental responsibilities" in 2016, covering both parenting time under 750 ILCS 5/602.5 and significant decision-making responsibility under 750 ILCS 5/602.7. The court allocates decision-making authority in four categories: education, health, religion, and extracurricular activities. Each category may be assigned to one parent or shared jointly.
Parents must file a proposed parenting plan within 120 days of filing or service. If parents cannot agree, the court will determine parenting time and decision-making based on the best interests of the child standard, considering 17 statutory factors under 750 ILCS 5/602.7(b). Illinois courts presume both parents are fit unless restricted by clear and convincing evidence.
Effective June 9, 2025, when a court imputes income to an underemployed or unemployed parent for child support calculations, an evidentiary hearing with specific written findings is now mandatory. If the parent has insufficient work history, courts presume potential income at 75% of the Federal Poverty Guidelines.
What Does Divorce Cost in Illinois?
The total cost of divorce in Illinois ranges from approximately $1,500 for a simple uncontested case to $50,000 or more for a contested divorce involving complex property division, business valuation, or parenting disputes. Filing fees alone range from $210 to $388 depending on the county. This divorce checklist for Illinois breaks down costs by category so you can budget accurately.
| Cost Category | Uncontested Range | Contested Range |
|---|---|---|
| Filing fee (petitioner) | $210 - $388 | $210 - $388 |
| Appearance fee (respondent) | $150 - $251 | $150 - $251 |
| Attorney fees | $1,000 - $3,000 | $10,000 - $50,000+ |
| Mediator fees | $500 - $2,000 | $2,000 - $5,000 |
| Guardian ad litem | N/A | $3,000 - $15,000 |
| Parenting class | $25 - $50 | $25 - $50 |
| Process server | $25 - $75 | $25 - $75 |
| Real estate appraisal | $300 - $500 | $300 - $500 |
| Business valuation | N/A | $5,000 - $25,000 |
Fee waivers are available under Illinois Supreme Court Rule 298 for petitioners whose household income falls at or below 125% of the federal poverty guidelines. The average attorney fee for divorce in Cook County is approximately $325 per hour, while downstate attorneys typically charge $200 to $275 per hour.
How Long Does Divorce Take in Illinois?
An uncontested divorce in Illinois takes approximately 2 to 4 months from filing to final judgment when both parties agree on all terms and the 90-day residency requirement is already satisfied. Contested divorces in Illinois average 12 to 18 months, with complex cases involving custody evaluations or business valuations taking 2 years or longer. Illinois has no mandatory waiting period between filing and finalization, provided both parties consent and the residency requirement has been met.
| Divorce Type | Typical Timeline | Key Variables |
|---|---|---|
| Uncontested (no children) | 2 - 3 months | Both parties agree, residency met |
| Uncontested (with children) | 3 - 4 months | Parenting plan and class required |
| Contested (moderate) | 8 - 14 months | Property or parenting disputes |
| Contested (complex) | 14 - 24+ months | Business valuation, custody evaluation |
Several factors accelerate or delay the timeline: the 30-day response window for the respondent after service, the 120-day deadline for filing parenting plans, court scheduling backlogs (Cook County averages longer wait times than downstate courts), and whether mediation or a guardian ad litem is required.
What Steps Should You Take After Your Illinois Divorce Is Finalized?
Within 30 days of receiving your Judgment for Dissolution of Marriage, you should update government records, financial accounts, insurance policies, and estate planning documents to reflect your new legal status. Failing to update beneficiary designations on life insurance, retirement accounts, and transfer-on-death deeds can result in your former spouse inheriting assets you intended for others.
Post-judgment steps include:
- Record any real estate transfer deeds with the county recorder (typically $30 to $60 per document)
- Update your name on your driver's license, Social Security card, passport, and bank accounts (if applicable)
- Divide retirement accounts using a Qualified Domestic Relations Order (QDRO), which costs $500 to $1,500 to prepare
- Remove your former spouse from health insurance (you have 30 to 60 days to make changes under most plans)
- Update beneficiary designations on life insurance, 401(k), IRA, and pension accounts
- Revise your will, powers of attorney, and healthcare directives
- Close or separate joint credit card accounts and joint bank accounts
- Notify your children's schools and healthcare providers of the new parenting plan
- Set up direct deposit or payment tracking for child support or maintenance obligations
- File updated tax withholding with your employer (new W-4)
What Are Recent Changes to Illinois Divorce Law in 2025-2026?
Illinois enacted several amendments to the Marriage and Dissolution of Marriage Act effective January 1, 2025, and June 9, 2025. These changes affect maintenance accrual during incarceration, interim attorney fee awards, parental relocation during proceedings, CASA appointments, and child support income imputation. Understanding these updates is essential for anyone using a divorce checklist for Illinois in 2026.
- Maintenance during incarceration: Maintenance obligations now continue to accrue during the payer's imprisonment under the 2025 amendment to 750 ILCS 5/504. The incarcerated spouse may petition for modification.
- Interim attorney fees: A party may request the court to order the other spouse to pay attorney fees for legal representation during the divorce. The requesting attorney must sign an affidavit confirming representation.
- Parental relocation: A parent may now seek court permission to relocate with children during pending divorce proceedings if relocation serves the children's best interests.
- Income imputation: Effective June 9, 2025, courts imputing income to an underemployed parent must conduct an evidentiary hearing and issue specific written findings. If the parent has insufficient work history, courts presume income at 75% of the Federal Poverty Guidelines.
- CASA requirements: In counties with populations under 3 million, CASA appointment is mandatory in cases involving abuse, neglect, or dependency allegations. Cook County may appoint at judicial discretion.
Frequently Asked Questions
Is Illinois a no-fault divorce state?
Yes, Illinois has been an exclusively no-fault divorce state since January 1, 2016. The sole ground for dissolution is irreconcilable differences causing the irretrievable breakdown of the marriage under 750 ILCS 5/401(a). Fault-based grounds such as adultery, mental cruelty, and habitual drunkenness were eliminated entirely.
How much does it cost to file for divorce in Illinois?
The filing fee for divorce in Illinois ranges from $210 to $388 depending on the county. Cook County charges the highest fee at $388 for the petitioner and $251 for the respondent's appearance. DuPage County charges approximately $343 to $348. Fee waivers are available for households at or below 125% of the federal poverty guidelines. As of March 2026. Verify with your local clerk.
Do I need to be separated before filing for divorce in Illinois?
No, Illinois does not require a formal separation period before filing for divorce. If both parties agree that the marriage is irretrievably broken, no separation is needed. However, living separate and apart for 6 continuous months creates an irrebuttable presumption of irreconcilable differences under 750 ILCS 5/401. Spouses may live "separate and apart" while residing under the same roof.
How is child custody determined in Illinois?
Illinois does not use the term "custody." Since 2016, the state allocates parental responsibilities, including parenting time under 750 ILCS 5/602.5 and significant decision-making (education, health, religion, extracurriculars) under 750 ILCS 5/602.7. Courts decide based on 17 best-interest factors, and both parents are presumed fit unless restricted by clear and convincing evidence.
Can I file for divorce in Illinois if my spouse lives in another state?
Yes, you can file for divorce in Illinois if you meet the 90-day residency requirement, even if your spouse resides in another state. The Illinois court will have jurisdiction over the marriage dissolution. However, the court may have limited authority over property or parenting matters involving the out-of-state spouse unless that spouse submits to Illinois jurisdiction or the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) applies.
How long does an uncontested divorce take in Illinois?
An uncontested divorce in Illinois typically takes 2 to 4 months from filing to final judgment. The primary requirement is that at least one spouse must have been an Illinois resident for 90 days before the judgment can be entered. If both parties have already agreed on property division, maintenance, and parenting, the court can schedule a prove-up hearing within 30 to 60 days of filing.
What is the spousal maintenance formula in Illinois?
Illinois calculates maintenance as 33.33% of the payer's net income minus 25% of the recipient's net income, capped at 40% of combined net income, for couples earning under $500,000 combined gross income under 750 ILCS 5/504. Duration ranges from 20% of the marriage length for marriages under 5 years to permanent maintenance for marriages lasting 20 years or more.
Do I need a lawyer to get divorced in Illinois?
No, Illinois allows self-represented (pro se) divorce filings. The Illinois Supreme Court provides standardized forms at illinoiscourts.gov for dissolution of marriage, parenting plans, and financial disclosures. However, cases involving significant assets (over $100,000), business ownership, contested parenting arrangements, or complex pension or retirement division benefit substantially from legal representation. The average attorney fee for divorce in Illinois ranges from $200 to $325 per hour.
Can divorce terms be modified after the judgment in Illinois?
Yes, maintenance and parenting arrangements can be modified upon a showing of a substantial change in circumstances under 750 ILCS 5/510. Property division, however, is generally final and cannot be modified after the judgment is entered. Child support can be modified based on changes in either parent's income. The court retains jurisdiction over maintenance and parenting matters indefinitely.
What happens if my spouse does not respond to the divorce petition?
If the respondent fails to file an appearance or response within 30 days of service, the petitioner may file a motion for default judgment. The court can then proceed to enter a dissolution judgment based solely on the petitioner's petition and evidence. The respondent's silence does not prevent the divorce from proceeding. However, the court must still ensure that any proposed terms regarding property division, maintenance, and parenting meet statutory requirements.