Illinois Divorce Filing Guide (2025)
To file for divorce in Illinois, you or your spouse must have lived in the state for at least 90 days. Illinois is a no-fault divorce state, meaning the...
Key Takeaways
- To file for divorce in Illinois, you or your spouse must have been a resident of the state for at least 90 days before filing the petition for dissolution of marriage.
- The divorce process in Illinois begins with the filing of a Petition for Dissolution of Marriage.
- The timeline for a divorce in Illinois depends on whether the case is contested or uncontested.
- The cost of a divorce in Illinois varies by county.
To file for divorce in Illinois, you or your spouse must have lived in the state for at least 90 days. Illinois is a no-fault divorce state, meaning the only ground for divorce is "irreconcilable differences."
Illinois Divorce Filing Guide (2025)
To file for divorce in Illinois, you or your spouse must have lived in the state for at least 90 days. Illinois is a no-fault divorce state, meaning the only ground for divorce is "irreconcilable differences."
This guide provides a step-by-step overview of the divorce process in Illinois, from filing the initial petition to obtaining the final judgment of dissolution of marriage.
Table of Contents
- What are the residency requirements for divorce in Illinois?
- What are the grounds for divorce in Illinois?
- How do I file for divorce in Illinois? Step-by-Step
- How long does a divorce take in Illinois?
- How much does a divorce cost in Illinois?
- Frequently Asked Questions
- Legal References
What are the residency requirements for divorce in Illinois?
To file for divorce in Illinois, you or your spouse must have been a resident of the state for at least 90 days before filing the petition for dissolution of marriage. [1]
What are the grounds for divorce in Illinois?
Illinois is a no-fault divorce state. This means that you do not have to prove that your spouse did something wrong to get a divorce. The only ground for divorce in Illinois is irreconcilable differences. This means that the marriage has broken down and there is no chance of reconciliation.
How do I file for divorce in Illinois? Step-by-Step
The divorce process in Illinois begins with the filing of a Petition for Dissolution of Marriage.
Step 1: File the Petition for Dissolution of Marriage
The first step is to file a Petition for Dissolution of Marriage with the circuit clerk in the county where you or your spouse live. You will also need to file a Summons.
Step 2: Serve the Petition
The Petition for Dissolution of Marriage and the Summons must be served on your spouse. This can be done by a sheriff or a licensed private detective.
Step 3: Your Spouse Responds
Your spouse has 30 days to file an Appearance and a Response to the petition.
Step 4: Financial Disclosure
Both parties are required to exchange financial information by completing a Financial Affidavit.
Step 5: Reach an Agreement or Go to Trial
If you and your spouse can agree on all issues, you can enter into a Marital Settlement Agreement. If you cannot agree, your case will go to trial.
Step 6: Finalize the Divorce
Once all issues are resolved, the court will enter a Judgment for Dissolution of Marriage, which finalizes the divorce.
Civilly Tip: The Illinois Courts provide standardized forms for divorce cases, which can be found on their website.
How long does a divorce take in Illinois?
The timeline for a divorce in Illinois depends on whether the case is contested or uncontested.
| Divorce Type | Typical Timeline |
|---|---|
| Uncontested | 2-6 months |
| Contested | 6-18+ months |
How much does a divorce cost in Illinois?
The cost of a divorce in Illinois varies by county.
| Cost Category | Typical Range |
|---|---|
| Filing Fee | $200 - $400 |
| Service of Process | $50 - $150 |
| Attorney Fees (if applicable) | $5,000 - $20,000+ |
| Total (Uncontested) | $300 - $1,500 |
| Total (Contested) | $10,000 - $25,000+ |
If you cannot afford the filing fees, you can file an Application for Waiver of Court Fees.
Frequently Asked Questions
Do I need a lawyer to get a divorce in Illinois?
You are not required to have a lawyer, especially in an uncontested divorce. However, it is always a good idea to consult with an attorney to understand your rights and obligations.
What is a Judgment for Dissolution of Marriage?
A Judgment for Dissolution of Marriage is the final order from the court that officially ends your marriage.
How is property divided in an Illinois divorce?
Illinois is an equitable distribution state. For more details, see our Illinois Property Division Guide.
How is child custody determined in Illinois?
Custody decisions are based on the best interest of the child. For more information, see our Illinois Child Custody Guide.
Can I get alimony in Illinois?
Alimony, called "maintenance" in Illinois, may be awarded to either spouse. To learn more, read our Illinois Alimony Guide.
Legal References
- Illinois General Assembly - Illinois Marriage and Dissolution of Marriage Act
- Illinois Courts - Divorce, Child Support, and Maintenance Forms
Related Articles
- Illinois Property Division Guide
- Illinois Child Custody Guide
- Illinois Alimony Guide
- The Civilly Financial Checklist for Divorce
[1] 750 ILCS 5/401. (n.d.). Dissolution of marriage. Illinois General Assembly. Retrieved December 21, 2025, from https://www.ilga.gov/legislation/ilcs/ilcs4.asp?DocName=075000050HPt%2E+IV&ActID=2086&ChapterID=59&SeqStart=3800000&SeqEnd=5300000