How to File for Divorce in Illinois

By / April 9, 2026

How to File for Divorce in Illinois

Key Takeaways:

  • Illinois is a no-fault divorce state, allowing couples to divorce without assigning blame.
  • The divorce process in Illinois typically takes 6-12 months to complete.
  • Filing fees for divorce in Illinois range from $320 to $410, depending on the county.
  • Couples must wait 30 days after filing for divorce before a hearing can be scheduled.
  • Illinois requires couples to participate in a mandatory parenting class or mediation before a divorce can be finalized.

Step-by-Step Instructions:

#Step 1: Meet the Residency Requirements

  • To file for divorce in Illinois, at least one spouse must have been a resident of the state for at least 90 days.
  • This requirement ensures that the court has jurisdiction over the divorce case.

#Step 2: Determine the Type of Divorce

  • Illinois offers two types of divorce: contested and uncontested.
  • A contested divorce occurs when both spouses disagree on the terms of the divorce, such as property division, child custody, and spousal support.
  • An uncontested divorce occurs when both spouses agree on the terms of the divorce.

#Step 3: Gather Required Documents

  • To file for divorce in Illinois, couples must provide the following documents:

* Marriage certificate
* Birth certificates for any children
* Proof of income and employment for both spouses
* Proof of assets and debts for both spouses
* Any other relevant documents, such as property deeds or tax returns

#Step 4: File the Petition for Divorce

  • The petition for divorce is the initial document filed with the court to begin the divorce process.
  • The petition must include the following information:

* The names and addresses of both spouses
* The date and place of the marriage
* A statement of the grounds for divorce (no-fault or fault-based)
* A request for the court to grant the divorce

#Step 5: Serve the Other Spouse

  • After filing the petition for divorce, one spouse must serve the other spouse with a copy of the petition and a summons.
  • This is typically done by a process server or sheriff’s deputy.

#Step 6: Wait 30 Days

  • After serving the other spouse, there must be a 30-day waiting period before a hearing can be scheduled.
  • This allows the other spouse time to respond to the petition and participate in the divorce process.

#Step 7: Attend Mandatory Parenting Class or Mediation

  • Illinois requires couples to participate in a mandatory parenting class or mediation before a divorce can be finalized.
  • This is designed to help couples resolve any disputes related to child custody and visitation.

#Step 8: Attend the Hearing

  • After completing the mandatory parenting class or mediation, the court will schedule a hearing to finalize the divorce.
  • At the hearing, the judge will review the terms of the divorce and ensure that both spouses understand their rights and responsibilities.

#Step 9: Finalize the Divorce

  • After the hearing, the judge will sign the divorce decree, which is the final document that grants the divorce.
  • The divorce is then official, and both spouses are free to remarry.

Filing Fees:

  • The filing fee for divorce in Illinois ranges from $320 to $410, depending on the county.
  • The fee is typically paid when the petition for divorce is filed with the court.

Deadlines:

  • Couples must wait 30 days after filing for divorce before a hearing can be scheduled.
  • The divorce process in Illinois typically takes 6-12 months to complete.

FAQs:

1. Q: What is the difference between a contested and uncontested divorce?
A: A contested divorce occurs when both spouses disagree on the terms of the divorce, such as property division, child custody, and spousal support. An uncontested divorce occurs when both spouses agree on the terms of the divorce.
2. Q: How long does the divorce process take in Illinois?
A: The divorce process in Illinois typically takes 6-12 months to complete.
3. Q: What is the cost of filing for divorce in Illinois?
A: The filing fee for divorce in Illinois ranges from $320 to $410, depending on the county.
4. Q: Do I need to hire an attorney to file for divorce in Illinois?
A: No, you do not need to hire an attorney to file for divorce in Illinois. However, it is highly recommended that you seek the advice of an attorney to ensure that your rights are protected.
5. Q: Can I file for divorce online in Illinois?
A: No, you cannot file for divorce online in Illinois. You must file the petition for divorce in person at the courthouse or through a licensed attorney.

How to Find a Illinois Attorney:

  • The Illinois State Bar Association (ISBA) offers a lawyer referral service that can connect you with a qualified attorney in your area.
  • You can also search for attorneys online through websites such as Avvo or Martindale-Hubbell.
  • Be sure to research the attorney’s qualifications, experience, and reviews before hiring them to represent you.

Legal Disclaimer:

This guide is for informational purposes only and is not intended to provide legal advice. The laws and regulations surrounding divorce in Illinois are subject to change, and this guide may not reflect the most up-to-date information. If you are considering filing for divorce in Illinois, it is highly recommended that you seek the advice of a qualified attorney to ensure that your rights are protected.

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