How to File for Divorce in Illinois

One spouse must have lived in Illinois, or been stationed in Illinois as a member of the armed services, for 90 days before the case is filed or before the court makes its finding.

Filing fees are set by each county's Circuit Clerk, and the respondent may also have to pay a fee to file an appearance in some counties. Sheriff's fees for service are extra. If you cannot afford the fees, you can ask to file for free or at a reduced cost by filing an Application for Waiver of Court Fees; an Illinois sheriff must honor a fee waiver order.

Illinois has a Joint Simplified Dissolution procedure. Both spouses must certify that: neither depends on the other for support (or both waive it) and both waive maintenance; residency and irreconcilable differences are met; no children were born or adopted during the marriage and the wife is not pregnant by the husband; the marriage lasted 8 years or less; neither owns real estate or retirement benefits (other than IRAs worth less than $10,000 combined); marital property is worth less than $50,000; combined gross income is under $60,000 and neither earns over $30,000; they have exchanged financial information and tax returns; and they have signed written agreements dividing assets over $100, debts, and any pets. Both must appear in court. Other agreed divorces are finished at a 'prove-up' hearing.

Illinois law sets no fixed waiting period after filing. However, the irreconcilable-differences ground is automatically proven only if the spouses have lived apart for 6 continuous months before judgment; otherwise it must be shown. The judgment is final when entered.

The Illinois Supreme Court's approved statewide divorce forms, which all Illinois courts must accept, are posted free on the Illinois Courts website in two suites. Divorce With Children includes the Petition for Divorce with Children, Parenting Plan and Judgment of Dissolution of Marriage/Civil Union with Children; Divorce No Children Under 18 includes the Petition for Divorce and Judgment of Dissolution of Marriage/Civil Union. Both use the Divorce Summons, Divorce Appearance, and Motion and Order for Default, and each suite has step-by-step instructions. Forms can be e-filed after they are flattened, and Illinois Legal Aid Online offers a free guided interview (Easy Form) that fills out divorce forms from your answers.