How to File for Divorce in Illinois
Complete guide to Illinois dissolution of marriage, forms, and requirements for 2025
Steps to File for Divorce in Illinois
1
Meet Residency Requirements
At least one spouse must have been an Illinois resident for 90 days before filing for dissolution of marriage.
2
File the Petition
File a Petition for Dissolution of Marriage with the Circuit Court. Illinois is a pure no-fault state - cite irreconcilable differences.
3
Serve Your Spouse
Your spouse must be served with the petition and summons. They have 30 days to file a response.
4
Complete Financial Disclosures
Both parties must complete and exchange Financial Affidavits disclosing income, assets, debts, and expenses.
5
Attend Court Dates
Attend case management conferences and any required hearings. Mediation may be ordered for contested issues.
6
Finalize the Divorce
Once all issues are resolved and separation period met (if applicable), attend final hearing for your Judgment for Dissolution.
Illinois Divorce Requirements
Residency Requirement
90 Days
At least one spouse must have been an Illinois resident for at least 90 days before filing.
Separation Period
6 Months (waivable)
6-month separation required but can be waived if both spouses agree the marriage is irretrievably broken.
Filing Fees
$337 - $400+
Filing fees vary by county. Cook County is $337. Fee waivers available for qualifying individuals.
Required Illinois Divorce Forms
Petition for Dissolution
Primary form to initiate divorce
Summons
Notice to respondent spouse
Financial Affidavit
Comprehensive financial disclosure
Parenting Plan
Required allocation of parental responsibilities
Marital Settlement Agreement
Agreement on all terms
Contested vs. Uncontested Divorce in Illinois
Uncontested / Joint Dissolution
- Both spouses agree on all terms
- Can be finalized in 1-3 months
- Simplified Joint Dissolution available
- Submit signed marital settlement agreement
- May waive 6-month separation
- Lower costs overall
Contested Divorce
- Spouses disagree on issues
- Takes 6 months to 2+ years
- Requires discovery process
- Case management conferences
- May need mediation or trial
- Higher costs with attorneys
Important Things to Know
Illinois became a pure no-fault divorce state in 2016, eliminating all fault-based grounds. The state uses "allocation of parental responsibilities" instead of custody terminology. Property is divided equitably, which may not mean 50/50.
Illinois-Specific Considerations
- Illinois is an equitable distribution state
- Pure no-fault divorce only since 2016
- 6-month separation may be waived if agreed
- Uses "allocation of parental responsibilities"
- E-filing mandatory in most counties
Ready to Start Your Illinois Divorce?
Splitifi helps you navigate the divorce process with document preparation, expense tracking, and guided support every step of the way.