Divorce Checklist for Illinois

Under 750 ILCS 5/401(a), at least one spouse must have been a resident of Illinois for a minimum of 90 consecutive days before a judgment of dissolution can be entered. You may file the petition before the 90-day mark, but the court cannot finalize the divorce until the requirement is satisfied. Residency means maintaining a physical presence and an intent to remain in Illinois—not merely owning property in the state. If you recently relocated, gather documentation proving your Illinois address such as a driver's license, voter registration card, utility bills, or a signed lease agreement. Military personnel stationed in Illinois also satisfy the residency requirement under the statute. You must file in the Circuit Court of the county where either you or your spouse resides, per 750 ILCS 5/104. Confirming residency before filing avoids jurisdictional challenges that could delay proceedings.

Before filing your Petition for Dissolution of Marriage, collect all critical personal documents that the court will require throughout the case. Under 750 ILCS 5/501(a)(1), both parties must exchange financial affidavits supported by documentary evidence including tax returns, pay stubs, and banking statements. Start assembling these records early to avoid delays once the case is filed. You will need your certified marriage certificate, which can be obtained from the county clerk where the marriage was recorded or from the Illinois Department of Public Health for marriages performed in Illinois. If children are involved, gather their birth certificates, Social Security cards, school enrollment records, and medical insurance information. Organize three years of federal and state tax returns, recent pay stubs covering at least the last six months, bank statements, retirement account statements, and records of all real estate, vehicles, and significant personal property owned by either spouse.

Illinois is an equitable distribution state under 750 ILCS 5/503, meaning the court divides marital property fairly—not necessarily equally—based on factors including each spouse's contribution, duration of the marriage, and economic circumstances. Before filing, create a comprehensive inventory of all marital and non-marital assets and debts. Marital property includes anything acquired during the marriage regardless of whose name is on the title, while non-marital property includes assets owned before the marriage or received as gifts or inheritance. Document all bank accounts, retirement funds (401(k), IRA, pension), real estate, vehicles, credit card balances, student loans, and other debts. Prepare a realistic post-divorce budget that accounts for housing, utilities, insurance, childcare, and daily expenses. This financial snapshot will inform your negotiating position and help you complete the mandatory Financial Affidavit accurately under the requirements of 750 ILCS 5/501.

Illinois offers two main paths to dissolution: a standard dissolution under 750 ILCS 5/401 or a Joint Simplified Dissolution under 750 ILCS 5/452 for qualifying couples. The simplified option requires that neither party seeks maintenance, the marriage lasted fewer than 8 years, no children were born or adopted during the marriage, neither party has an interest in real estate, total marital property is less than $50,000, neither party's gross annual income exceeds $35,000 with combined income under $60,000, and both parties waive the right to maintenance. If you do not qualify for simplified dissolution, the standard process applies. Consider whether you can afford an attorney or need to seek legal aid. Low-income residents may qualify for free legal help through Land of Lincoln Legal Aid at 877-342-7891 or Prairie State Legal Services at 630-690-2130. The Illinois State Bar Association Lawyer Referral Service at https://www.isba.org/barnews/lawyerreferralservice can connect you with a family law attorney.

Illinois uses statewide standardized forms approved by the Illinois Supreme Court under Rule 10-101. Download the appropriate petition from https://www.illinoiscourts.gov/documents-and-forms/approved-forms/circuit-court-standardized-forms-suites/divorce-child-support-maintenance/. Use form DNC Petition (Petition for Dissolution of Marriage/Civil Union – No Children) if no minor children are involved, or form DWC Petition (Petition for Dissolution of Marriage/Civil Union – With Children) if minor children are involved. The petition must state the grounds for dissolution, which in Illinois is irreconcilable differences under 750 ILCS 5/401(a). Include your name, spouse's name, date and place of marriage, names and birth dates of minor children, and a statement that the marriage has broken down irretrievably. You must also prepare the DIV Summons form, which directs your spouse to respond within 30 days of service. Complete each form thoroughly, as incomplete filings will be rejected.

Under 750 ILCS 5/501(a)(1), both parties in an Illinois divorce must complete the statewide standardized Financial Affidavit form approved by the Illinois Supreme Court. This form is mandatory in all domestic relations cases and must be supported by documentary evidence including income tax returns, pay stubs, and banking statements. Download the Financial Affidavit from the Illinois Courts website at https://www.illinoiscourts.gov/documents-and-forms/approved-forms/circuit-court-standardized-forms-suites/financial-affidavit/. You must answer every question on the form—enter 'not applicable,' 'none,' or 'not in my possession' where appropriate. The affidavit requires disclosure of all gross and net income, monthly expenses, all assets (real estate, bank accounts, investments, retirement accounts, vehicles, personal property), and all debts and liabilities. You sign this document under oath; providing false or misleading information can result in sanctions, attorney fee awards, and potential reopening of the divorce judgment under 750 ILCS 5/501(a)(1).

File your completed Petition for Dissolution of Marriage, Summons, and any supporting documents with the Circuit Court Clerk in the county where you or your spouse resides, per 750 ILCS 5/104. Illinois requires mandatory e-filing through the statewide portal at https://efile.illinoiscourts.gov/ unless you obtain a Certification for Exemption from E-Filing. Filing fees vary significantly by county—ranging from approximately $210 to $388. Cook County charges approximately $388, DuPage County approximately $343, and many downstate counties charge $210 to $275. If you cannot afford the filing fee, apply for a fee waiver using form FW-CIV (Application for Waiver of Court Fees – Civil) available at https://www.illinoiscourts.gov/documents-and-forms/approved-forms/circuit-court-standardized-forms-suites/fee-waiver-civil/, authorized under 735 ILCS 5/5-105. Upon filing, the Clerk assigns a case number and court date. Keep copies of all filed documents and your receipt showing the case number.

Under 750 ILCS 5/602.10(a), if you have minor children, both parents must file a proposed parenting plan within 120 days of service of the petition on the respondent. The parenting plan must address the allocation of significant decision-making responsibilities (education, healthcare, religion, and extracurricular activities) and a detailed parenting time schedule, per 750 ILCS 5/602.7. Use the DWC Parenting Plan form from the standardized divorce forms suite. The plan should include a regular weekly schedule, holiday and vacation schedules, transportation arrangements, a method for resolving future disputes, and provisions for electronic communication between parent and child. If parents cannot agree on a parenting plan, the court must order mediation under 750 ILCS 5/602.10(c), unless impediments such as domestic violence exist. Each parent should submit their own proposed plan if agreement cannot be reached, and the court will ultimately determine the allocation based on the best interests of the child under 750 ILCS 5/602.7(b).

Under 735 ILCS 5/2-202 and Illinois Supreme Court Rule 102, the petitioner must serve the respondent with the Summons and Petition within 2 days of filing. Service may be accomplished by the county sheriff, a licensed private process server, or a court-appointed special process server—a spouse cannot personally serve their own partner. Personal service requires leaving a copy of the documents directly with the respondent per 735 ILCS 5/2-203(a). Substitute service (abode service) is also permitted by leaving copies at the respondent's usual residence with a household member aged 13 or older, provided a copy is also mailed to that address. If the respondent cannot be located after diligent search, the court may authorize service by publication in a local newspaper under 735 ILCS 5/2-206, though this limits the court's jurisdiction over property matters. The person who serves the documents must complete and file a Proof of Service or Affidavit of Service with the court.

After being served, your spouse has 30 days to file an Appearance and an Answer or Response with the Circuit Court Clerk, not counting the day of service. The respondent uses the standardized Appearance form and either an Answer form or a Counter-Petition if they wish to assert their own claims. The respondent must also pay an appearance or answer fee, which varies by county (approximately $189 in many jurisdictions). If your spouse fails to file an Appearance or Answer within the 30-day window, you may file a Motion for Default using the standardized Motion for Default and Order for Default forms available from the Illinois Courts website. A default judgment hearing (called a 'prove-up') allows you to present your case to the judge without the respondent's participation, per 735 ILCS 5/2-1301. If the respondent does file an Answer, review it carefully—they may contest property division, parenting arrangements, maintenance, or other issues, which will determine whether the case proceeds as contested or uncontested.

Both parties must complete and serve the Illinois Supreme Court standardized Financial Affidavit form along with supporting documentation, as required by 750 ILCS 5/501(a)(1). Financial Affidavits must be exchanged within 30 days of the respondent's first appearance, or as ordered by the court. Each party must disclose all income sources, monthly expenses, assets (real estate, vehicles, bank accounts, retirement accounts, investments, personal property), and debts (credit cards, mortgages, student loans, medical bills). Supporting documents include the last three years of tax returns, recent pay stubs, bank statements, and retirement or investment account statements. The Financial Affidavit is served on the other party and filed as an impounded document per court rule, meaning it is not available for public inspection. Failure to provide accurate financial disclosures can result in monetary sanctions, payment of the other party's attorney fees, and potential reopening of the divorce judgment under 750 ILCS 5/501(a)(1).

Under 750 ILCS 5/404.1 and Illinois Supreme Court Rule 924, both parents in a divorce involving minor children must complete an approved parenting education program of at least four hours. The course covers how children of different developmental stages experience divorce, effective co-parenting communication strategies, creating workable parenting plans, and minimizing conflict's impact on children. The class must be completed no later than 60 days after the initial case management conference. Each parent must attend separately—you cannot attend with your spouse or your children. In Cook County and DuPage County, uncontested cases permit online completion without special court permission; contested cases in those counties and most cases in other counties require in-person attendance or a court order to take the class online. Approved course providers are listed on your county circuit court's website. Upon completion, the course provider issues a certificate that must be filed with the Circuit Clerk. The court cannot finalize parenting arrangements without both parents' certificates on file.

If parents cannot agree on a parenting plan, the court must order mediation under 750 ILCS 5/602.10(c), unless the court determines that impediments to mediation exist, such as domestic violence, harassment, intimidation, coercive control, or substance abuse. Illinois Supreme Court Rule 905 requires all circuit courts to maintain mediation programs for custody and parenting time disputes. In Cook County, free mediation is available through Cook County Family Court Services. In other counties, the court may refer parties to approved private mediators, with costs typically split between the parties. Mediation sessions focus on developing a workable parenting plan that serves the children's best interests. The mediator does not make decisions—they facilitate negotiation. If mediation is unsuccessful, the court may appoint a guardian ad litem, child representative, or attorney for the minor child under 750 ILCS 5/506. A case management conference must be held within 30 days after mediation concludes to assess next steps.

Most Illinois divorces settle through negotiation between the parties or their attorneys without a trial. A Marital Settlement Agreement (also called a Certification Agreement in the standardized forms) must address the division of all marital property and debts under 750 ILCS 5/502 and 503, any maintenance (formerly alimony) obligations under 750 ILCS 5/504, child support calculated using the income shares model under 750 ILCS 5/505, and the allocation of parental responsibilities and parenting time under 750 ILCS 5/602.7 if children are involved. Use the standardized DNC or DWC Certification Agreement form and the Agreement as to Assets and Debts form. If settlement cannot be reached, the court will schedule a trial where a judge—not a jury—decides all disputed issues. Before trial, the court may require a pretrial conference to narrow issues and encourage resolution. Illinois allows bifurcation under 750 ILCS 5/401(b), meaning the court can grant the divorce itself while reserving contested property or custody issues for later resolution.

Once all issues are resolved—either by agreement or after trial—the petitioner must attend a final hearing called a 'prove-up' to present the settlement agreement to the judge for approval. At the prove-up, the petitioner testifies under oath that the information in the petition is accurate, the marriage is irretrievably broken, and the settlement terms are fair and voluntary. If children are involved, both parents' Parenting Education Course certificates must be on file with the court per 750 ILCS 5/404.1. The judge reviews the Marital Settlement Agreement, parenting plan (if applicable), child support calculations, and Financial Affidavits. If the judge finds everything in order, they sign the Judgment of Dissolution of Marriage/Civil Union—use form DNC Judgment (no children) or DWC Judgment (with children). You must also file a Certificate of Dissolution of Marriage/Civil Union (IDPH form) with the Circuit Clerk, which is forwarded to the Illinois Department of Public Health for vital records. The divorce is final when the judge signs the Judgment.