ILLINOIS DIVORCE GUIDE

How to File for Divorce in Illinois
Without a Lawyer

Filing for divorce in Illinois without an attorney costs $250-$350 in court fees. You must meet the residency requirement of 90 days in Illinois. Illinois is a equitable distribution state. An uncontested divorce typically takes 2-3 months. Victoria AI guides you through every step with Illinois-specific instructions.

$250-$350
Filing Fee
None (with mutual consent)
Waiting Period
90 days in Illinois
Residency
2-3 months
Timeline

Last updated: February 1, 2026 • Reviewed by Divorce.law Legal Team

Illinois Divorce Requirements at a Glance

Filing Fee$250-$350 (Cook County (Chicago): $337. DuPage County: $285. Lake County: $270. Filing fees vary by county.)
Residency Requirement90 days in Illinois
Waiting PeriodNone (with mutual consent)
Property DivisionEquitable Distribution (fair, not equal)
Grounds for DivorceIrreconcilable differences
No-Fault Only?Yes
Uncontested Timeline2-3 months
Contested Timeline6 months to 2+ years
Fee Waiver Available?Yes
~35,000
Divorces per year in Illinois
~55%
Pro se filers
3-4 months (uncontested)
Average duration
$300
Median filing fee

Illinois Residency Requirements

To file for divorce in Illinois, you must meet the following residency requirement: 90 days in Illinois.

At least one spouse must have been a resident of Illinois for at least 90 days before filing for divorce. Military members stationed in Illinois also meet this requirement.

Tip: Victoria AI can help you determine if you meet Illinois's residency requirements and guide you through the documentation needed to prove residency.

How to File for Divorce in Illinois: Step-by-Step

Follow these steps to file for divorce in Illinois without an attorney. Victoria AI guides you through each step with state-specific instructions.

STEP 1

Meet Residency Requirements

At least one spouse must have been a resident of Illinois for at least 90 days before filing for divorce. Military members stationed in Illinois also meet this requirement.

STEP 2

Gather Required Forms

Download the official Illinois divorce forms: Petition for Dissolution of Marriage, Summons, Financial Affidavit. All forms are available from the Illinois courts website.

STEP 3

Complete Your Petition

Fill out the divorce petition (Varies by county) with your information, grounds for divorce, and what you're requesting (property division, custody, support).

STEP 4

File with the Court

File your completed petition with the Illinois court and pay the filing fee of $250-$350. Fee waivers are available if you qualify financially.

STEP 5

Serve Your Spouse

Properly serve your spouse with the divorce papers according to Illinois rules. Options typically include sheriff service, process server, or certified mail with acknowledgment.

STEP 6

Complete Financial Disclosure

Exchange mandatory financial disclosure documents as required by Illinois law. This typically includes income verification, tax returns, bank statements, and a sworn financial affidavit.

STEP 7

Wait for Response & Complete Waiting Period

Illinois has no mandatory waiting period if both parties consent. If one party does not consent, you must live apart for 6 months before divorce can be granted (this can include living in the same home if you're living 'separate and apart').

STEP 8

Finalize Your Divorce

Submit your final judgment to the court. For uncontested divorces in Illinois, this typically takes 2-3 months. The court will issue your final divorce decree.

Required Forms for Illinois Divorce

These are the primary forms you'll need to file for divorce in Illinois. Victoria AI guides you through completing each form correctly.

Petition for Dissolution of Marriage

Varies by county

Initiates the divorce case

Summons

Standard form

Notifies spouse of case

Financial Affidavit

Supreme Court Rule 13.3.1

Mandatory financial disclosure

Joint Parenting Agreement

If agreed

If you have children and agree

Judgment for Dissolution of Marriage

Varies

Final divorce decree

Illinois Divorce Costs & Filing Fees

The filing fee to start a divorce in Illinois is $250-$350. Cook County (Chicago): $337. DuPage County: $285. Lake County: $270. Filing fees vary by county.

Cost TypeAmount
Court Filing Fee$250-$350
Service of Process$50-$100 (varies by method)
Certified Copies$5-$25 per copy
Total DIY Uncontested$400-$1,500 (uncontested DIY)

Fee Waiver Available in Illinois

If you cannot afford the filing fee, Illinois offers fee waivers for qualifying individuals. You'll need to complete a fee waiver application demonstrating financial hardship. This typically requires showing income below a certain threshold (often 125-200% of federal poverty guidelines) or receiving public assistance benefits.

Victoria can help: Our AI guides you through the fee waiver application process and helps you gather the required documentation.

Serving Your Spouse in Illinois

After filing your divorce petition in Illinois, you must legally "serve" your spouse with the divorce papers. This ensures they receive official notice of the divorce and have an opportunity to respond.

Acceptable Methods of Service in Illinois

Personal Service

A sheriff, constable, or private process server personally delivers the papers to your spouse. Most reliable method.

Certified Mail

Papers sent via certified mail with return receipt requested. Your spouse must sign to acknowledge receipt.

Acceptance of Service

Your spouse voluntarily signs an acknowledgment that they received the papers. Fastest and cheapest option if cooperative.

Service by Publication

If your spouse cannot be located, you may be able to publish notice in a newspaper. Requires court approval.

Important: Proof of Service

You must file proof of service with the court showing your spouse was properly served. Without valid proof of service, your divorce cannot proceed. Illinois courts are strict about service requirements.

Property Division in Illinois

Equitable Distribution State

Illinois is a equitable distribution state.

Illinois is an equitable distribution state. Marital property is divided fairly, but not necessarily equally. The court considers each spouse's contribution, duration of marriage, age, health, and economic circumstances.

Victoria's Financial Tools: Our AI-powered financial tools help you identify, categorize, and value marital assets. Victoria can help you understand how Illinois law applies to your specific property.

Child Support in Illinois

Illinois uses the Income shares model.

Illinois uses the income shares model, combining both parents' net incomes to determine the appropriate support amount based on state guidelines. Parenting time significantly affects the calculation.

Spousal Support Factors in Illinois

  • Income and property of each party
  • Needs of each party
  • Present and future earning capacity
  • Impairment of earning capacity due to homemaking
  • Time necessary to acquire education/training
  • Standard of living during marriage
  • Duration of the marriage

Illinois Divorce Timeline: What to Expect

Understanding the timeline helps you plan and set realistic expectations for your Illinois divorce.

Uncontested Divorce

2-3 months

When both spouses agree on all terms including property division, custody, and support. This is the fastest and least expensive option.

Contested Divorce

6 months to 2+ years

When spouses cannot agree and need court intervention to resolve disputes. Involves hearings, discovery, and potentially trial.

Typical Illinois Divorce Timeline (Uncontested)

1

File Petition

Day 1 - Submit your divorce paperwork and pay the $250-$350 filing fee

2

Serve Your Spouse

Within 30 days - Ensure proper legal service of divorce papers

3

Response Period

20-30 days - Your spouse has time to file a response

4

Waiting Period

None (with mutual consent) - Illinois has no mandatory waiting period if both parties consent. If one party does not consent, you must live apart for 6 months before divorce can be granted (this can include living in the same home if you're living 'separate and apart').

5

Final Judgment

Court issues your final divorce decree

Speed up your divorce: Victoria AI helps you complete forms correctly the first time, avoiding delays from rejected paperwork. Our checklists ensure you don't miss any steps or deadlines.

What Makes Illinois Divorce Unique

Short 90-day residency requirement

No-fault only state since 2016

'Irreconcilable differences' is only ground

No waiting period if both consent

Maintenance (alimony) calculated by formula

Joint simplified dissolution available for qualifying couples

Key Illinois Divorce Laws

  • 750 ILCS 5/401Dissolution of Marriage
  • 750 ILCS 5/503Distribution of Property
  • 750 ILCS 5/505Child Support
  • 750 ILCS 5/504Maintenance

Illinois Divorce FAQ

Common questions about filing for divorce in Illinois without an attorney.

Victoria AI Knows Illinois Divorce Law

Get 24/7 guidance specific to Illinois's forms, procedures, and requirements.

Illinois-specific forms

Guidance through every required form

Financial disclosure wizard

Complete your financial affidavit step-by-step

Child support calculator

Using Illinois's exact guidelines

AI document drafting

Create properly formatted legal documents

Evidence notebook

Organize and categorize case documents

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Not Legal Advice

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Official Sources

All Illinois divorce information verified from official state court sources.

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