Divorce Resources in Illinois: Court Forms, Legal Aid & Filing Guide

To file for divorce in Illinois, you must meet the 90-day residency requirement under 750 ILCS 5/401(a). At least one spouse must have lived in Illinois—or been stationed here as a member of the armed services—for 90 consecutive days immediately before filing. Illinois is a pure no-fault state; the sole ground for dissolution is irreconcilable differences causing the irretrievable breakdown of the marriage. Filing fees vary by county, ranging from $210 to $388, with Cook County charging $388. You file the Petition for Divorce in the circuit court of the county where either spouse resides, per 750 ILCS 5/104. All Illinois courts require electronic filing through the eFileIL system at efile.illinoiscourts.gov.

After filing your petition, you must serve the respondent spouse with the summons and a copy of the petition. Service may be completed by the county sheriff, a licensed private process server, or by certified mail in some counties. The respondent has 30 days after service to file an Entry of Appearance and a response. If the respondent fails to respond within 30 days, you may file a Motion for Default under 735 ILCS 5/2-1301. Once default is entered, you may proceed to a prove-up hearing where the court reviews your proposed judgment. Both parties must complete and exchange a Financial Affidavit within 30 days of the respondent's first appearance, as required by 750 ILCS 5/501(a)(1).

If minor children are involved, both parents must submit a written Parenting Plan within 120 days of service or the respondent's appearance, as required by 750 ILCS 5/602.10. The parenting plan allocates decision-making responsibilities and establishes a parenting time schedule. The court shall order mediation under 750 ILCS 5/607.5(c) to help parents formulate or modify the parenting plan, unless impediments such as domestic violence exist. Many counties also require both parents to complete a parenting education program of up to four hours under 750 ILCS 5/404.1. Illinois recognizes an irrebuttable presumption that irreconcilable differences exist when the parties have lived separate and apart for six continuous months preceding judgment.

For couples without children who meet strict eligibility criteria, Illinois offers a Joint Simplified Dissolution procedure under 750 ILCS 5/452. Requirements include: the marriage lasted 8 years or less, no children together, neither party has an interest in real estate, total marital property is less than $50,000, combined gross annual income is under $60,000 with neither party earning more than $30,000, and both parties waive maintenance. If eligible, both spouses file a joint petition and appear together at a single hearing. Property division in Illinois follows equitable distribution principles under 750 ILCS 5/503, where the court divides marital property fairly but not necessarily equally, considering 12 statutory factors including marriage duration, each spouse's contributions, and economic circumstances.

Illinois courts may order both parents to attend a parenting education program in any divorce case involving minor children under 750 ILCS 5/404.1. The program addresses the effects of dissolution on children and is educational in nature, not therapeutic. Sessions total no more than 4 hours. While the statute makes attendance discretionary at the state level ("the court may order"), many individual judicial circuits—including Cook County—mandate the class by local court rule. All parties must typically complete the program within 60 days of the initial case management conference. Each parent pays for their own class. Failure to complete the program may result in sanctions under Illinois Supreme Court Rule 294(c). Check with your local circuit clerk to confirm whether online providers are accepted in your county.

Illinois law requires the court to order mediation in cases involving the allocation of parental responsibilities (formerly custody) and parenting time under 750 ILCS 5/607.5(c). The court shall order mediation to assist parents in formulating, modifying, or implementing a parenting plan, unless the court determines that impediments to mediation exist. Domestic violence is a recognized impediment; when there is danger to the health or safety of a party, joint mediation shall not be required. If mediation is unsuccessful, the court may appoint a guardian ad litem, child representative, or attorney for the child. The costs of mediation are allocated between the parties per applicable statute or Supreme Court Rule. Parents must submit a written parenting plan within 120 days of service or filing of an appearance under 750 ILCS 5/602.10(a). Many judicial circuits have additional local rules requiring mediation before contested parenting issues proceed to trial.

Both parties in an Illinois divorce must complete and exchange a standardized Financial Affidavit as required by 750 ILCS 5/501(a)(1). The Illinois Supreme Court has approved a single statewide financial affidavit form, available at illinoiscourts.gov. Each party must disclose all income, expenses, assets, and liabilities under oath. The affidavit must be supported by documentary evidence including income tax returns, pay stubs, and banking statements. Exchange is typically due within 30 days of the respondent's first appearance. Financial affidavits are filed as impounded documents—not available for public access—to protect against identity theft. Intentionally or recklessly filing inaccurate or misleading financial information may result in sanctions, attorney fee awards, or reopening of the divorce judgment. Illinois Supreme Court Rule 13.3.1(b) reinforces this obligation. In post-judgment proceedings involving maintenance, child support, or attorney fees, parties must again exchange updated Financial Affidavits unless the court grants an objection.