Filing for divorce in Illinois requires meeting a 90-day residency requirement under 750 ILCS 5/401, paying filing fees ranging from $250 to $400 depending on your county, and demonstrating irreconcilable differences as the sole grounds for dissolution. Illinois has no mandatory waiting period when both spouses consent, though courts impose a minimum 30-day processing period between filing and final judgment. The fastest uncontested divorces finalize in 45-60 days, while contested cases typically require 6-18 months.
Key Facts About Illinois Divorce
| Requirement | Details |
|---|---|
| Filing Fee | $250-$400 (varies by county; Cook County: $388) |
| Residency Requirement | 90 days in Illinois before filing |
| Waiting Period | No mandatory waiting period with mutual consent; 30-day court processing minimum |
| Grounds for Divorce | No-fault only (irreconcilable differences) |
| Property Division | Equitable distribution (not necessarily 50/50) |
| Separation Requirement | 6 months living separate and apart if one spouse contests |
Illinois Divorce Residency Requirements
Illinois requires at least one spouse to maintain residency in the state for a minimum of 90 consecutive days before filing for divorce under 750 ILCS 5/401(a). Only one spouse must meet this requirement—both parties do not need to reside in Illinois. Military personnel stationed in Illinois for 90 or more days also satisfy the residency provision. The divorce petition must be filed in the county where either spouse resides; filing in a county where neither party lives requires a written motion and court approval.
The 90-day requirement applies to when judgment may be entered, not when you can file. You may file your petition before completing the 90 days, but the court cannot enter final judgment until at least one spouse has been an Illinois resident for 90 days. This distinction allows couples to begin the process earlier while still meeting jurisdictional requirements by the time their case concludes.
Grounds for Divorce in Illinois
Illinois operates as a pure no-fault divorce state under 750 ILCS 5/401, recognizing only irreconcilable differences as grounds for dissolution. The petitioner must demonstrate that the marriage has suffered an irretrievable breakdown and that efforts at reconciliation have failed or would be impracticable. Illinois abolished all fault-based grounds in 2016, meaning adultery, mental cruelty, and abandonment cannot be cited as reasons for divorce.
When both spouses agree to the divorce, no separation period is required. When one spouse contests the dissolution, Illinois law requires the parties to have lived separate and apart for a continuous period of not less than 6 months immediately preceding the entry of judgment. Living separate and apart can occur under the same roof if the parties maintain separate lives, separate bedrooms, and do not hold themselves out as married. After 6 months of separation, an irrebuttable presumption of irreconcilable differences arises under 750 ILCS 5/401(a)(2).
How to File for Divorce in Illinois: Step-by-Step Process
Filing for divorce in Illinois involves preparing your petition, gathering required documents, filing with the circuit court clerk, serving your spouse, and attending court hearings. The entire process takes 45-60 days for uncontested cases with full agreement and 6-18 months for contested divorces requiring trial. Understanding each step helps you navigate the system efficiently and avoid costly delays.
Step 1: Determine Your Eligibility
Before filing, confirm you meet Illinois requirements: at least one spouse must have lived in Illinois for 90 days, you must file in the county where you or your spouse resides, and irreconcilable differences must exist. If you have no minor children, have been married less than 8 years, have combined assets under $50,000, combined income under $60,000, and agree on all terms, you may qualify for Joint Simplified Dissolution under 750 ILCS 5/452.
Step 2: Gather Required Documents
Collect your marriage certificate, financial records including tax returns for the past 3 years, bank statements, retirement account statements, real estate deeds, vehicle titles, and debt documentation. If you have children, gather birth certificates, school records, and medical information. Illinois requires full financial disclosure under 750 ILCS 5/501, and failure to disclose can result in penalties or reopening of the judgment.
Step 3: Complete the Petition for Dissolution of Marriage
Download the Petition for Dissolution of Marriage from the Illinois Courts website or your county circuit court website. The petition must include both parties' names and addresses, date and place of marriage, grounds for divorce (irreconcilable differences), names and birthdates of minor children, and the relief requested regarding property, support, and parenting. Cook County uses specific forms available from the Cook County Clerk of the Circuit Court.
Step 4: File Your Petition
File your completed petition with the circuit court clerk in your county. Bring the original plus two copies. Filing fees vary by county: Cook County charges $388 for the petitioner, DuPage County charges $348, and most other counties range from $250-$350. If you cannot afford filing fees, you may apply for a fee waiver under Illinois Supreme Court Rule 298 if your household income falls at or below 125% of the federal poverty guidelines (approximately $18,500 annually for a single person in 2026).
Step 5: Serve Your Spouse
After filing, you must provide formal notice to your spouse through service of process. Options include sheriff service (approximately $60 in Cook County), private process server (typically $50-$100), or waiver of service if your spouse voluntarily signs an Entry of Appearance. Your spouse has 30 days to respond after being served. If your spouse cannot be located after diligent search, you may request service by publication.
Step 6: Exchange Financial Disclosures
Both parties must exchange complete financial disclosures within 60 days of filing. Illinois requires disclosure of all income sources, assets, debts, and living expenses under 750 ILCS 5/501(a)(1). This includes bank statements, retirement accounts, real estate holdings, business interests, and tax returns. Hiding assets constitutes fraud and can result in reopening of property division.
Step 7: Negotiate Settlement or Prepare for Trial
Most Illinois divorces settle through negotiation, mediation, or collaborative law without requiring trial. If you reach agreement, draft a Marital Settlement Agreement covering property division, spousal maintenance, and parenting arrangements. The agreement must be in writing and signed by both parties. If settlement proves impossible, prepare for trial where a judge will decide contested issues.
Step 8: Attend Required Hearings
For uncontested divorces, you may need only one prove-up hearing lasting 10-20 minutes where the judge confirms your agreement is fair and enters final judgment. Contested cases require multiple hearings including case management conferences, pretrial conferences, and potentially a multi-day trial. Parents with minor children must complete a court-approved parenting class before final judgment.
Illinois Divorce Filing Fees by County
Filing fees for divorce in Illinois vary significantly by county, ranging from approximately $250 in smaller counties to $388 in Cook County. The petitioner (spouse initiating the divorce) pays the initial filing fee, while the responding spouse pays an appearance fee when filing their response.
| County | Filing Fee (Petitioner) | Appearance Fee (Respondent) |
|---|---|---|
| Cook County | $388 | $251 |
| DuPage County | $348 | $218 |
| Lake County | $334 | $218 |
| Will County | $337 | $199 |
| Stephenson County | $306 | $181 |
As of January 2026. Verify with your local circuit clerk as fees change periodically.
Joint Simplified Dissolution in Illinois
Illinois offers an expedited Joint Simplified Dissolution procedure under 750 ILCS 5/452 for couples meeting strict eligibility requirements. This streamlined process can be completed in as little as 30 days with both parties appearing together before the judge. Joint Simplified Dissolution requires no attorney involvement and uses standardized court forms.
Eligibility Requirements for Simplified Dissolution
To qualify for Joint Simplified Dissolution, couples must certify that: the marriage lasted 8 years or less; no children were born or adopted during the marriage and the wife is not pregnant; neither party has an interest in real property; combined marital property after debts is worth less than $50,000; combined gross annual income is less than $60,000 with neither party earning more than $30,000; retirement accounts total less than $10,000; both parties waive spousal maintenance; both parties have disclosed all assets and tax returns; and both parties agree on division of property and companion animals.
The Simplified Dissolution Process
Both spouses complete the Joint Petition for Simplified Dissolution together and file it with the circuit court clerk. In Cook County, Joint Simplified Dissolutions are heard the same day they are filed—both parties must appear together. The judge reviews the petition, confirms both parties understand they are waiving rights, and enters judgment if all requirements are satisfied. The entire process costs less than $400 total and requires minimal time off work.
Property Division in Illinois Divorce
Illinois follows equitable distribution principles under 750 ILCS 5/503, meaning courts divide marital property fairly but not necessarily equally. The court first classifies each asset as marital or non-marital property, then assigns non-marital property to the original owner, and finally divides marital property based on statutory factors. An equitable division often results in a 50/50 split, but judges have discretion to award 60/40 or other ratios based on circumstances.
Marital vs. Non-Marital Property
Marital property includes all assets acquired during the marriage regardless of whose name appears on the title, with certain exceptions. Non-marital property includes assets owned before marriage, inheritances and gifts received by one spouse individually, property excluded by valid prenuptial agreement, and property acquired after legal separation. Commingling non-marital assets with marital funds can convert separate property into marital property subject to division.
Factors Courts Consider in Property Division
Under 750 ILCS 5/503(d), Illinois courts consider: each spouse's contribution to acquiring or preserving marital property, including homemaker contributions; the value of property assigned to each spouse; marriage duration; each spouse's economic circumstances; any prenuptial or postnuptial agreement; the age, health, and employability of each party; custodial arrangements for children; whether property division is instead of or in addition to maintenance; reasonable opportunity for future acquisition of assets; and tax consequences of the proposed division.
Dissipation of Marital Assets
Under 750 ILCS 5/503(d)(2), a spouse who wastefully dissipates marital assets during the breakdown of the marriage may be held accountable. Dissipation includes spending marital funds on an affair, gambling losses, excessive gifts to third parties, or intentional destruction of property. The innocent spouse must identify specific expenditures, and the dissipating spouse bears the burden of proving the expenses benefited the marriage.
Spousal Maintenance (Alimony) in Illinois
Illinois uses a statutory formula to calculate spousal maintenance for couples with combined gross income under $500,000 annually under 750 ILCS 5/504. The formula provides predictability while allowing judicial discretion in exceptional circumstances. Maintenance is neither guaranteed nor automatic—courts must first determine whether maintenance is appropriate before calculating amount and duration.
The Illinois Maintenance Formula
The guideline maintenance amount equals 33.33% of the payor's net annual income minus 25% of the recipient's net annual income. A cap prevents the recipient from receiving more than 40% of the parties' combined net income. For example, if the payor earns $120,000 net and the recipient earns $40,000 net, the calculation yields: ($120,000 × 0.3333) - ($40,000 × 0.25) = $40,000 - $10,000 = $30,000 annually. The cap of 40% of combined income ($64,000) is not exceeded, so maintenance would be $30,000 per year or $2,500 monthly.
Duration of Maintenance
Maintenance duration depends on marriage length under 750 ILCS 5/504(b-1):
| Marriage Length | Maintenance Duration |
|---|---|
| 0-5 years | 20% of marriage length |
| 5-6 years | 24% of marriage length |
| 6-7 years | 28% of marriage length |
| 7-8 years | 32% of marriage length |
| 8-9 years | 36% of marriage length |
| 9-10 years | 40% of marriage length |
| 10-11 years | 44% of marriage length |
| 11-12 years | 48% of marriage length |
| 12-13 years | 52% of marriage length |
| 13-14 years | 56% of marriage length |
| 14-15 years | 60% of marriage length |
| 15-16 years | 64% of marriage length |
| 16-17 years | 68% of marriage length |
| 17-18 years | 72% of marriage length |
| 18-19 years | 76% of marriage length |
| 19-20 years | 80% of marriage length |
| 20+ years | Indefinite or equal to marriage length |
Child Custody (Parental Responsibilities) in Illinois
Illinois replaced traditional custody terminology with allocation of parental responsibilities under 750 ILCS 5/602. Courts now allocate decision-making responsibility (formerly legal custody) and parenting time (formerly physical custody/visitation) based exclusively on the child's best interests. The best interests standard governs all custody determinations in Illinois divorce cases.
Decision-Making Responsibility
Under 750 ILCS 5/602.5, courts allocate responsibility for major decisions affecting children in four categories: education (school choice, tutoring, special education); health (medical treatment, mental health care, dental care); religion (religious upbringing and training); and extracurricular activities (sports, lessons, camps). Courts may allocate each category to one parent, require joint decision-making, or divide different categories between parents based on each parent's competence and involvement.
Parenting Time
Under 750 ILCS 5/602.7, courts allocate parenting time according to the child's best interests. Illinois law presumes both parents are fit and should have meaningful parenting time unless evidence shows that a parent's exercise of parenting time would seriously endanger the child's physical, mental, moral, or emotional health. Common arrangements include alternating weeks, 5-2-2-5 schedules, or traditional schedules with every-other-weekend parenting time.
Parenting Plan Requirements
All parents must file a proposed parenting plan within 120 days after service of any petition for allocation of parental responsibilities under 750 ILCS 5/602.10. Parents may file jointly or separately. The parenting plan must address decision-making allocation, parenting time schedule, transportation arrangements, communication methods, dispute resolution procedures, and provisions for future modifications.
How Long Does Divorce Take in Illinois?
Illinois divorce timelines vary dramatically based on whether the case is contested, the complexity of issues, and court backlogs in your county. Joint Simplified Dissolutions can finalize in 30 days; standard uncontested divorces typically require 45-90 days; contested divorces with children or substantial assets often take 6-18 months or longer.
| Divorce Type | Typical Timeline |
|---|---|
| Joint Simplified Dissolution | 30 days |
| Uncontested (no children, agreement) | 45-60 days |
| Uncontested (with children, agreement) | 60-90 days |
| Contested (settlement reached) | 6-12 months |
| Contested (trial required) | 12-18+ months |
The 30-day minimum processing period applies to all Illinois divorces. The court cannot enter final judgment until at least 30 days after filing, even when both spouses have signed a complete settlement agreement. This mandatory waiting period allows for reflection and ensures parties are not acting impulsively.
Cost of Divorce in Illinois
The total cost of divorce in Illinois ranges from under $500 for a self-represented Joint Simplified Dissolution to over $50,000 for highly contested cases requiring extensive litigation. The average Illinois divorce costs approximately $11,300 when including filing fees, attorney fees, and related expenses. Your actual cost depends on whether you hire an attorney, whether your spouse contests the divorce, and the complexity of property and custody issues.
Attorney Fees
Illinois divorce attorneys charge between $150-$500 per hour depending on location and experience. Metropolitan Chicago attorneys typically charge $300-$500 hourly, with partners at prestigious firms charging $500-$800 or more for complex cases. Downstate and rural Illinois attorneys generally charge $150-$275 per hour. A simple uncontested divorce with attorney representation costs $2,500-$5,000 total; contested divorces requiring trial easily exceed $25,000-$50,000 in attorney fees alone.
Additional Costs
Beyond filing fees and attorney fees, expect costs for: service of process ($50-$100); parenting class for cases with minor children ($30-$50); mediation if ordered by the court ($100-$500 per hour, totaling $1,000-$5,000); guardian ad litem if appointed for children ($2,000-$10,000); appraisals of real estate or businesses ($500-$5,000); and expert witnesses for complex financial or custody issues ($2,000-$20,000).
Where to File for Divorce in Illinois
File your divorce petition with the circuit court clerk in the county where you or your spouse resides. Illinois has 102 counties with circuit courts organized into 24 judicial circuits. The largest courts include:
Cook County Circuit Court (Chicago): Richard J. Daley Center, 50 W. Washington St., Room 802, Chicago, IL 60602. Suburban districts available in Bridgeview, Maywood, Markham, Rolling Meadows, and Skokie.
DuPage County Circuit Court: 505 N. County Farm Road, Wheaton, IL 60187.
Lake County Circuit Court: 18 N. County Street, Waukegan, IL 60085.
Will County Circuit Court: 14 W. Jefferson Street, Joliet, IL 60432.
Frequently Asked Questions About Illinois Divorce
How long do you have to be separated before divorce in Illinois?
Illinois requires no separation period when both spouses consent to divorce. When one spouse contests the dissolution, Illinois requires 6 months of living separate and apart before the court can enter judgment under 750 ILCS 5/401. The 6-month separation creates an irrebuttable presumption that irreconcilable differences exist. Living separate and apart can occur under the same roof if spouses maintain separate bedrooms, separate finances, and do not present themselves as married.
Can I file for divorce online in Illinois?
Illinois does not offer fully online divorce filing through a statewide portal, though some counties accept electronic filing through approved e-filing systems. You can download all required forms online from Illinois Courts and Illinois Legal Aid Online, complete them electronically, and file in person or through e-filing where available. Cook County uses the Odyssey e-filing system for electronic document submission.
How much does a divorce cost in Illinois without a lawyer?
A self-represented divorce in Illinois costs $250-$400 in filing fees plus approximately $50-$100 for service of process, totaling $300-$500. Joint Simplified Dissolution cases cost less because both parties file together and appear on the same day. Additional costs may include parenting class fees ($30-$50 if you have minor children) and certified copies of your judgment ($10-$25). Illinois Legal Aid Online provides free form-preparation tools to help self-represented parties.
Is Illinois a 50/50 divorce state?
Illinois is not a 50/50 community property state. Illinois follows equitable distribution principles under 750 ILCS 5/503, meaning courts divide marital property fairly based on statutory factors rather than automatically splitting everything equally. While many Illinois divorces result in roughly 50/50 divisions, judges have discretion to award 60/40 or other ratios when factors justify unequal distribution, such as significant income disparity, one spouse's dissipation of assets, or substantial non-marital contributions to the marriage.
What is a wife entitled to in a divorce in Illinois?
Illinois law does not distinguish between spouses based on gender. Both spouses are entitled to equitable division of marital property under 750 ILCS 5/503, which considers each party's contribution to acquiring and preserving marital assets, including homemaker contributions. Either spouse may receive spousal maintenance (alimony) under 750 ILCS 5/504 if they lack sufficient income and the other spouse has ability to pay. The guideline formula calculates maintenance as 33.33% of payor's net income minus 25% of recipient's net income.
How is child support calculated in Illinois?
Illinois calculates child support using an income shares model under 750 ILCS 5/505. Both parents' net incomes are combined and multiplied by a percentage based on the number of children: one child (20%), two children (28%), three children (32%), four children (40%), five children (45%), six or more children (50%). The resulting amount is divided proportionally based on each parent's share of combined income. Adjustments apply for parenting time exceeding 146 overnights annually, healthcare costs, and childcare expenses.
Can I get divorced 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, regardless of where your spouse lives. Illinois courts have jurisdiction over the dissolution of the marriage itself when one spouse is an Illinois resident. However, the court may lack personal jurisdiction over an out-of-state spouse for property division, maintenance, or parental responsibilities unless that spouse has sufficient minimum contacts with Illinois or consents to jurisdiction.
Do I need a lawyer to get divorced in Illinois?
No, Illinois does not require attorney representation for divorce. Many people successfully complete uncontested divorces without lawyers, especially Joint Simplified Dissolutions. However, legal representation is strongly recommended when: you have minor children and disagree about parenting arrangements; you own significant assets including real estate, retirement accounts, or businesses; your spouse has an attorney; domestic violence is involved; or you do not fully understand your legal rights. The cost of an attorney often saves money long-term by protecting your interests.
What happens if my spouse won't sign divorce papers in Illinois?
Your spouse cannot prevent divorce in Illinois by refusing to sign. If your spouse refuses to sign a waiver of service, you can serve them through the sheriff or a private process server. If they fail to respond within 30 days after service, you may request a default judgment. If they contest the divorce, you must wait 6 months while living separate and apart before the court can enter judgment under 750 ILCS 5/401. The 6-month separation creates an irrebuttable presumption of irreconcilable differences.
How do I get a divorce if I can't find my spouse in Illinois?
When you cannot locate your spouse after diligent search, Illinois allows service by publication under 735 ILCS 5/2-206. You must first demonstrate efforts to find your spouse through: last known address, relatives, friends, employer, social media, and public records searches. Then file a motion requesting publication service, and if granted, publish notice in a newspaper for three consecutive weeks. Your spouse has 30 days after the last publication to respond. This process adds 6-8 weeks to your timeline and approximately $200-$500 in publication costs.