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Illinois Divorce Checklist

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Prepared: 5/20/2026

Data updated: 3/1/2026

Estimated Timeline

2–3 months for uncontested cases with no children (as fast as 30 days for Joint Simplified Dissolution under 750 ILCS 5/452); 3–6 months for uncontested cases with children (parenting plan, education course, and financial disclosure required); 12–18+ months for contested cases requiring mediation, discovery, and trial in Illinois

Documents to Gather

  • Certified Marriage Certificate
  • Birth Certificates for Minor Children(if applicable)
  • Social Security Cards for All Family Members
  • Illinois Driver's License or State ID
  • Prenuptial or Postnuptial Agreement (if applicable)(if applicable)
  • Immigration Documents (if applicable)(if applicable)
  • Health Insurance Cards
  • Deed or Title Documents for Real Property

Financial Documents

  • Last 3 Years of Federal and State Tax Returns
  • Pay Stubs for the Last 6 Months
  • Bank Statements for All Accounts (3–6 Months)
  • Retirement Account Statements (401(k), IRA, Pension)
  • Investment and Brokerage Account Statements
  • Mortgage Statements and Property Appraisals
  • Credit Card and Loan Statements
  • Business Financial Statements (if self-employed)(if applicable)
  • Life Insurance Policies
  • Employee Benefits Statements(if applicable)

Key Steps

1. Before Filing

  • Verify Residency Requirements
  • Gather Essential Personal Documents
  • Assess Financial Situation and Create a Budget
  • Research Divorce Options and Consider Legal Representation

2. Filing Process

  • Complete the Petition for Dissolution of Marriage
  • Prepare the Financial Affidavit
  • File the Petition with the Circuit Court Clerk
  • Prepare the Parenting Plan (If Children Are Involved)

3. After Filing

  • Serve Your Spouse with the Petition and Summons
  • Wait for Respondent's Answer or Appearance
  • Exchange Financial Disclosures
  • Complete the Mandatory Parenting Education Course (If Children Are Involved)
  • Attend Mediation for Parenting Disputes (If Required)
  • Negotiate a Settlement Agreement or Proceed to Trial
  • Attend the Prove-Up Hearing and Obtain the Judgment

Key Deadlines

Residency Requirement Must Be Met90 days of Illinois residency before judgment can be entered
Respondent Must File Appearance and Answer30 days after service of the Summons
Financial Affidavits Must Be Exchanged30 days after respondent's first appearance (or per court order)
Proposed Parenting Plan Must Be Filed (If Children Involved)120 days after service on the respondent
Parenting Education Course Must Be Completed (If Children Involved)No later than 60 days after initial case management conference
Petition Must Be Filed After Praecipe (If Praecipe Used)Within 6 months of filing the praecipe

Quick Reference

To file for divorce in Illinois, at least one spouse must have resided in the state for at least 90 consecutive days under 750 ILCS 5/401(a). Illinois is a no-fault divorce state—irreconcilable differences is the only ground for dissolution. File the Petition for Dissolution of Marriage (form DNC Petition for no children or DWC Petition with children) and DIV Summons with the Circuit Court Clerk in your county via mandatory e-filing at https://efile.illinoiscourts.gov/. Filing fees range from $210 to $388 depending on county; fee waivers are available under 735 ILCS 5/5-105 using form FW-CIV. Your spouse has 30 days after service to file an Appearance and Answer. Both parties must exchange the standardized Financial Affidavit within 30 days of the first appearance, per 750 ILCS 5/501(a)(1). If minor children are involved, both parents must complete a 4-hour parenting education course under 750 ILCS 5/404.1, submit a parenting plan within 120 days, and attend court-ordered mediation if they cannot agree on parenting terms. Uncontested cases typically resolve in 2–6 months; contested cases may take 12–18 months or longer.

This checklist is for informational purposes only and does not constitute legal advice. Consult a licensed attorney in Illinois for guidance on your specific situation.

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