What Is the Illinois Divorce Process?

Getting divorced in Illinois can feel overwhelming when you're already managing one of the hardest transitions of your life. The good news: once you understand the steps, the process becomes far more manageable. Illinois calls divorce a dissolution of marriage, and every case follows a defined path under the Illinois Marriage and Dissolution of Marriage Act (IMDMA). Whether your situation is straightforward or complicated, this guide walks you through every stage from start to final judgment.

Before you file: residency and grounds

Before a circuit court can grant your divorce, two threshold requirements must be satisfied: residency and legal grounds.

Residency

At least one spouse must have lived in Illinois for a continuous 90 days before the court enters a judgment of dissolution. Only one of you needs to meet this requirement — your spouse does not need to be an Illinois resident. You can actually file your petition before the 90 days are up; the court simply will not enter the final judgment until the requirement is satisfied. Residency is typically established with a sworn statement, and courts generally accept it without additional documentation unless the matter is contested.

Grounds: Illinois is a no-fault-only state

Important correction from older content: Illinois eliminated all fault-based grounds for divorce effective January 1, 2016, under Public Act 99-90. Adultery, cruelty, abandonment, habitual drunkenness, and all other fault grounds no longer exist in Illinois law. The sole ground for dissolution of marriage is irreconcilable differences, meaning the marriage has irretrievably broken down, efforts at reconciliation have failed, and further attempts would not be in the best interests of the family.

What this means practically: you do not have to prove your spouse did anything wrong to get divorced. You simply state that irreconcilable differences exist. If both spouses agree the marriage has broken down, the court can grant the divorce without any waiting period. If one spouse disputes it, the law presumes irreconcilable differences after the spouses have lived separately for six months. Living "separately" does not require two addresses — couples can live under the same roof while maintaining separate lives and still satisfy this requirement.

Joint simplified dissolution: a faster path for some couples

Illinois offers a Joint Simplified Dissolution procedure for qualifying couples. To use it, both spouses must agree to the divorce, the marriage must have lasted fewer than eight years, neither spouse can be pregnant, there are no children together, combined marital assets must be under $50,000, and total combined gross income must be under $60,000 per year. If you qualify, this route can significantly reduce both time and cost. If you do not qualify, you will follow the standard dissolution path described below.

How to file your Illinois divorce petition

The divorce process begins when one spouse (the petitioner) files a Petition for Dissolution of Marriage with the Clerk of the Circuit Court in the county where either spouse currently lives. The other spouse is the respondent. Illinois has 102 counties and no statewide uniform court form, so contact your county's circuit clerk to confirm the exact forms and any local supplemental requirements before you file.

Standard documents filed with the petition typically include:

• Petition for Dissolution of Marriage. The core filing that identifies both parties, states the ground (irreconcilable differences), and sets out what you are asking the court to do — including property division, maintenance, and parenting issues if applicable.
• Summons. The court-issued document that officially notifies your spouse a case has been filed and they have 30 days to respond.
• Confidential information form. Contains identifying information kept out of the public record (Social Security numbers, dates of birth).
• Financial affidavit. A sworn statement of your income, expenses, assets, and debts. Required in virtually all Illinois divorces and essential for property division, support, and maintenance calculations.
• Child-related forms (if applicable). Parenting plan or allocation of parental responsibilities forms are required when minor children are involved. See the children section below.

Filing fees vary by county. Cook County charges approximately $388 to file and $251 for a respondent's appearance. DuPage County charges approximately $348 to file and $218 for an appearance. Smaller counties are generally lower. If you cannot afford filing fees, you can request a waiver by submitting an Application for Waiver of Court Fees — you may qualify if your household income is at or below 125% of the federal poverty guidelines. Verify exact fees with your local circuit clerk before filing, as these amounts change.

The Illinois Legal Aid Online website offers guided interviews that generate court-ready forms at no cost — a useful starting point if you are filing without an attorney.

Serving your spouse and their response

After you file, your spouse must be formally notified. This step is called service of process, and it triggers your spouse's 30-day clock to respond. You cannot serve the papers yourself — service must be completed by someone else.

Illinois allows several methods of service:

• Personal service. A county sheriff's deputy, a private process server, or any adult who is not a party to the case physically hands the papers to your spouse. This is the most common and most straightforward method.
• Substitute service. If your spouse cannot be reached directly, the papers can be left with any person over age 13 at your spouse's home, workplace, or usual place of abode. A copy must also be mailed.
• Service by publication. Used when your spouse's location is unknown after diligent search. The summons is published in a local newspaper for a set period. This method limits the court's ability to issue orders on property and support.
• Acceptance of service (waiver). If your spouse agrees to participate, they can sign and file an Entry of Appearance, which eliminates the need for formal service entirely. This is common in cooperative, uncontested cases.

Spouse responds (or does not)

Once served, your spouse has 30 days to file an Answer or an Entry of Appearance with the court. If they agree with the terms you proposed, the parties can move quickly toward a settlement agreement and final judgment. If they disagree on any issue, those disputes become the contested portion of the case.

If your spouse does not respond within 30 days, you can ask the court to enter a default judgment. A default means the court grants the divorce according to the terms you requested in your petition, without the other spouse's input. The non-responding spouse gives up their right to contest any of the terms.

Financial disclosure and discovery

Illinois requires both spouses to exchange complete financial information. This is not optional — accurate disclosure is the foundation for a fair resolution on property division, spousal maintenance, and child support. Courts take incomplete or dishonest disclosure seriously, and judges can impose sanctions when it occurs.

You will typically need to document and exchange:

• Income documentation. Recent pay stubs, three years of tax returns, W-2s, and documentation of any other income sources (rental income, self-employment, investments).
• Bank and investment accounts. Statements for all accounts — checking, savings, brokerage, and retirement accounts including 401(k), 403(b), IRAs, and pension plans. Public sector employees in Illinois may require a Qualified Illinois Domestic Relations Order (QILDRO) to divide pension benefits.
• Real property. Mortgage statements, deeds, and current assessed value for any real estate. If you own a home, you will also need to address how to handle it — sell, buy out, or defer sale. Hello Divorce's guide to the marital home in divorce covers your options.
• Debts. Credit card statements, loan balances, and any other liabilities in either spouse's name.
• Business interests. If either spouse owns a business, business valuation documents, profit and loss statements, and tax returns for the business are required.

In an uncontested case, both spouses voluntarily exchange this information. In a contested case, formal discovery tools — interrogatories, depositions, and subpoenas — can be used to compel disclosure if a spouse is not forthcoming. Forensic accountants are sometimes retained to trace assets or value businesses when there are disputes about the numbers.

Illinois divides marital property under an equitable distribution standard, meaning fairly rather than necessarily equally. The court considers factors including each spouse's financial circumstances, the length of the marriage, each spouse's contributions (including non-financial contributions like caregiving), and the tax consequences of each proposed division. Illinois is not a community property state, and a 50/50 split is not presumed or required.

Resolving issues: agreement, mediation, or trial

Once financial disclosures are exchanged, the parties work toward resolving all outstanding issues. How you get there depends on how much you agree.

Uncontested divorce: marital settlement agreement

If you and your spouse reach agreement on all issues — property division, debts, maintenance (formerly called alimony), and parenting if applicable — you will prepare a Marital Settlement Agreement. This document memorializes every term of your divorce. A judge reviews it to ensure it is fair and legally complete, then incorporates it into the final judgment of dissolution. In most uncontested cases, the final court appearance is brief — often called a "prove-up" hearing — where a judge asks a few questions and signs the judgment.

Mediation

When spouses cannot agree on all terms, divorce mediation is often the most effective next step. In contested Illinois divorces, courts frequently require at least one mediation session before scheduling a trial. A neutral mediator helps both parties work through disagreements without the cost and stress of litigation. Mediation is particularly valuable for parenting disputes. Mediator fees in Illinois typically run $150 to $400 per hour, and most mediations require three to eight sessions — still far less than the cost of a contested trial.

Trial

If mediation does not resolve all issues, the case proceeds to a contested hearing or trial. Each side presents evidence and arguments, and the judge makes binding decisions on any unresolved matters. Trials are the most expensive outcome — attorney fees for a contested Illinois divorce can reach $15,000 to $30,000 or more depending on the issues. Once the court issues its decisions, a final judgment of dissolution is entered, and your divorce is legally complete.

Children, parenting plans, and support

If you have minor children, several additional requirements apply. Illinois family law no longer uses the words "custody" or "visitation." Since the 2016 IMDMA reform, the law uses allocation of parental responsibilities (decision-making authority over education, healthcare, religion, and extracurricular activities) and parenting time (the schedule for when children are physically with each parent). Neither parent is favored based on gender — decisions are made solely on the best interests of the child.

Parenting plan

Illinois law requires both parents to file a proposed parenting plan within 120 days of when a petition for allocation of parental responsibilities is filed. You can submit a joint plan if you agree, or separate plans if you do not. The plan must address decision-making authority, parenting time schedules including weekdays, weekends, holidays, and school breaks, transportation, communication between parents, and dispute resolution procedures. If parents cannot agree, the court will order mediation and, if mediation fails, will determine the parenting arrangement at a hearing.

Parenting education class

All parents with minor children are required to complete a court-approved parenting education program of at least four hours before the divorce is finalized. This class covers the impact of divorce on children and how to support healthy co-parenting. It typically costs $35 to $75 per parent. Cook County mandates completion before a final parenting judgment can be entered. Courts can waive this requirement for good cause shown, but waivers are rarely granted. For more guidance on protecting your children through this process, see special concerns for divorce with minor children.

Child support

Illinois calculates child support using the income shares model, which combines both parents' net incomes and uses a statutory schedule to determine the total support obligation based on the number of children. Each parent contributes proportionally to their share of the combined income. The Illinois Department of Healthcare and Family Services provides a child support estimator tool to help parents understand likely amounts.

Spousal maintenance

Maintenance (formerly called alimony) in Illinois is calculated using a statutory formula based on both spouses' gross incomes, with duration tied to the length of the marriage. Courts can deviate from the formula based on individual circumstances. As of January 1, 2025, a 2025 IMDMA amendment clarified that maintenance obligations continue to accrue even if the paying spouse is incarcerated — arrears must be paid upon release, though the paying spouse can petition the court to modify the amount.

Getting divorced in Illinois? We can help.

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