How to File for Divorce in Illinois (2025 Guide)

How to File for Divorce in Illinois (2025 Guide)

Getting a divorce in Illinois involves several key steps, whether your case is uncontested or contested. Below is a simplified overview of the process.

✅ 1. Meet Residency Requirements

To file for divorce in Illinois:

• Either spouse must have lived in the state for at least 90 days before filing.

• If children are involved, they must have lived in Illinois for the past 6 months for the court to decide custody.

✅ 2. Determine the Type of Divorce

Illinois allows for:

• Uncontested Divorce – Both spouses agree on all terms (faster, less expensive).

• Contested Divorce – Spouses disagree on issues like property, custody, or support.

All Illinois divorces are no-fault. You only need to state “irreconcilable differences” as grounds (750 ILCS 5/401).

✅ 3. File the Petition

Start the divorce by filing:

• Petition for Dissolution of Marriage with the Circuit Court in the county where you or your spouse lives.

• Pay a filing fee (varies by county, around $200–$350).

If low income, you may apply for a fee waiver.

✅ 4. Serve Your Spouse

After filing, serve your spouse with:

• A Summons

• A copy of the Petition

Service is done via:

• Sheriff

• Licensed process server

Or by certified mail (if allowed)

✅ 5. Response by Spouse

Your spouse has 30 days to respond after being served. If they don’t respond, you can request a default judgment.

✅ 6. Exchange Financial Disclosures

Both spouses must provide:

• Income details

• Assets and debts

• Monthly expenses

This is required for property division, spousal support, and child support determinations.

✅ 7. Address Custody and Support (if kids involved)

You must create a Parenting Plan within 120 days of serving the other party. This includes:

• Allocation of parenting time and responsibilities

• Communication methods

• Holiday schedules

You’ll also calculate child support using the state’s income shares model.

✅ 8. Try Mediation (If Contested)

Many Illinois courts require mediation for disputes over:

• Parenting time

• Decision-making

If agreements can't be reached, the case proceeds to trial.

✅ 9. Attend Final Hearing

• For uncontested divorces, a quick hearing can finalize the case.

• For contested divorces, the judge hears both sides and issues a final judgment on all unresolved issues.

✅ 10. Get the Final Divorce Decree

Once the judge signs the Judgment of Dissolution of Marriage, your divorce is legally finalized.

📝 Key Forms:

Petition for Dissolution of Marriage

• Summons

• Financial Affidavit

• Parenting Plan (if applicable)

• Forms are available on Illinois Legal Aid Online or your local Circuit Court website.

⚖️ Final Tips:

Consider hiring a family law attorney if your case is contested or involves significant property or custody issues.

If both parties agree on everything, an uncontested divorce can be resolved in a few months with minimal court appearances.