Illinois went through a major divorce law overhaul in 2016, and if you're reading old advice online, throw it out. The state eliminated all fault-based grounds and is now purely no-fault. It also replaced "custody" with "allocation of parental responsibilities" — different terminology, same concept, but the courts take the language seriously.
The good news: Illinois's modernized system is actually pretty efficient. If both parties agree, you can get through an uncontested divorce without much drama. The state does have a 6-month separation requirement, but living in the same house counts as long as you can demonstrate the marital relationship has broken down.
Quick Overview: Illinois Divorce
Illinois is a No-fault only state with Equitable Distribution for property division.
Key Facts About Illinois Divorce
- Residency requirement: 90 days
- Filing fee: 37-00
- Typical timeline: 6+ months
- Property division: Equitable Distribution
- Grounds: No-fault only
Step-by-Step: How to File for Divorce in Illinois
Step 1: Make Sure You Meet the Residency Requirement
To file for divorce in Illinois, you or your spouse must have been a resident of the state for 90 days before filing.
You'll need to prove residency with documents like a driver's license, voter registration, or lease agreement.
Step 2: Gather Required Documents
Before you file, collect:
- Marriage certificate (original or certified copy)
- Financial records: tax returns, pay stubs, bank statements, investment accounts
- Property records: deeds, mortgage statements, vehicle titles
- Debt information: credit cards, loans, mortgages
- Child custody information (if you have minor children): birth certificates, school records, childcare costs
Step 3: Complete the Divorce Forms
In Illinois, you'll need to complete:
- Petition for Dissolution of Marriage (or Complaint for Divorce) — The main form that starts the divorce process
- Summons — Legal notice to your spouse
- Financial affidavits — Income, expenses, assets, and debts
- Child custody and support forms (if applicable)
- Property division worksheets
You can get these forms from:
- Illinois court websites (search "Illinois divorce forms")
- Your local family court clerk's office
- Legal aid organizations in Illinois
Step 4: File Your Forms with the Court
Once your forms are complete, file them with the Illinois family court (also called circuit court, superior court, or district court depending on the county).
Filing Fee: 37-00 (non-refundable)
If you can't afford the filing fee, you can request a fee waiver by filing an Affidavit of Indigency or similar form showing financial hardship.
Pro Tip: File in the Right County
Cook County (Chicago) has its own domestic relations division with specific procedures. If you're filing there, check the Cook County Circuit Court website for their particular requirements — they can differ from downstate counties.
Step 5: Serve Your Spouse
After filing, you must legally "serve" your spouse — meaning they must be officially notified of the divorce.
Illinois allows service by special process server, sheriff, or by your spouse voluntarily accepting service. For uncontested cases, the voluntary acceptance is fastest.
In Illinois, acceptable methods include:
- Sheriff or process server — Most common method
- Certified mail (in some cases)
- Personal delivery by a non-party adult (not you)
- Acceptance of service — Your spouse signs a form acknowledging receipt
You cannot serve the papers yourself. You must use one of the approved methods under Illinois law.
Step 6: Wait for Your Spouse's Response
Once served, your spouse has a set amount of time (typically 20-30 days in Illinois) to file a response or answer.
If your spouse:
- Agrees with everything: The divorce can proceed as uncontested (faster and cheaper)
- Disagrees or contests issues: You may need mediation or a contested hearing
- Doesn't respond: You can request a default divorce (the court can grant the divorce without your spouse's input)
Step 7: Negotiate and Finalize Settlement
If both parties agree (uncontested divorce), you'll create a settlement agreement covering:
- Property division: Who gets what assets and debts
- Alimony/spousal support: If applicable
- Child custody and visitation: Legal and physical custody arrangements
- Child support: Calculated according to Illinois guidelines
Property Division in Illinois
Illinois follows Equitable Distribution, which means:
- Assets and debts are divided fairly (not necessarily 50/50)
- The court considers factors like length of marriage, income, contributions, and needs of each party
- Marital property (acquired during marriage) is divided; separate property (owned before marriage or inherited) typically stays with the owner
Step 8: Attend the Final Hearing (if required)
Depending on your county and case, Illinois may require a final hearing where:
- A judge reviews your settlement agreement
- You answer a few basic questions under oath
- The judge signs the final divorce decree
In some uncontested cases, Illinois allows the divorce to be finalized without a hearing if all paperwork is correct.
Step 9: Receive Your Divorce Decree
Once the judge approves, you'll receive a final divorce decree (also called Judgment of Dissolution). This is the official document ending your marriage.
The divorce is final on the date the decree is signed. You'll receive certified copies for your records.
You're Officially Divorced
Once the decree is signed, your marriage is legally dissolved. Follow through on any requirements in the decree (transferring property, changing beneficiaries, etc.).
How Long Does a Divorce Take in Illinois?
The timeline for divorce in Illinois depends on several factors:
- Uncontested divorce: 6+ months (if both parties agree)
- Contested divorce: 6-12+ months (or longer with complex disputes)
- Court backlog: Some counties have delays due to caseloads
How Much Does a Divorce Cost in Illinois?
DIY uncontested divorce: 37-00 filing fee + minimal costs for forms/service (under $500 total)
Attorney-assisted divorce: $3,000-$15,000+ (depends on complexity and attorney rates)
Contested divorce with trial: $15,000-$30,000+ (can be much higher with complex assets or custody disputes)
When to Hire a Lawyer
You should strongly consider hiring an attorney if:
- Your spouse is contesting the divorce
- You have significant assets or complex property division
- Child custody is disputed
- There's domestic violence or abuse
- Your spouse has hired a lawyer
For simple, uncontested divorces where both parties agree, you can file yourself and save thousands in legal fees.
Common Questions About Illinois Divorce
Do I need a lawyer to get divorced in Illinois?
For a simple uncontested divorce with no kids and limited assets, you can handle this yourself. Illinois courts provide forms and instructions. But the state's detailed approach to financial disclosure means even "simple" cases have a fair amount of paperwork.
Can I get divorced in Illinois if my spouse doesn't agree?
Yes. Since 2016, Illinois is purely no-fault. One spouse stating that irreconcilable differences exist is sufficient. If you've been separated for 6 months (or both waive the separation period), the court will grant the divorce.
How is property divided in a Illinois divorce?
Illinois uses Equitable Distribution, which means the court divides marital property fairly (not necessarily equally). Separate property typically stays with the owner.
What if we have children?
Illinois uses "allocation of parental responsibilities" instead of "custody." The court allocates both decision-making responsibility and parenting time. Both parents are generally expected to remain involved unless there's a reason not to.
Can I go back to my maiden name?
Yes. Illinois allows name restoration as part of the divorce judgment. Just request it in your petition.
Next Steps
If you're ready to file for divorce in Illinois:
- Gather all required documents (marriage certificate, financial records)
- Download and complete the divorce forms from your Illinois court website
- File the forms with your local family court and pay the 37-00 filing fee
- Serve your spouse and wait for their response
- Follow through with the process until you receive your final divorce decree
Resources for Illinois Divorce
- Illinois Court System: Search "Illinois family court" for forms and instructions
- Legal Aid: Search "Illinois legal aid divorce" for free assistance if you qualify
- Self-Help Centers: Many Illinois courts have self-help centers for DIY filers