To file for divorce in Illinois, at least one spouse must have lived in the state for 90 continuous days, and every case moves through the state’s electronic filing system from the initial petition to a final court hearing.1Illinois General Assembly. Illinois Compiled Statutes 750 ILCS 5/401 – Dissolution of Marriage The full path runs from preparing your paperwork, to serving your spouse, to disclosing finances, to a short hearing where a judge signs the judgment. Here is what each step actually requires.
Confirm You Meet Residency and Grounds
Before anything else, check that you qualify to file in Illinois. At least one spouse must have been a resident, or stationed in the state as a member of the armed services, for 90 continuous days immediately before filing. If you have not hit 90 days when you file, you must reach it before the court enters a final judgment.1Illinois General Assembly. Illinois Compiled Statutes 750 ILCS 5/401 – Dissolution of Marriage
Illinois recognizes only one ground for divorce: irreconcilable differences. There is no need to prove fault, cheating, or wrongdoing. If you and your spouse have lived separate and apart for at least six continuous months before the judgment is entered, the court treats that requirement as automatically satisfied.1Illinois General Assembly. Illinois Compiled Statutes 750 ILCS 5/401 – Dissolution of Marriage
Prepare Your Forms
Illinois publishes statewide standardized forms that every circuit court must accept, and the Illinois Courts website offers guided interviews for people filing without an attorney.2Office of the Illinois Courts. Approved Statewide Standardized Forms Using the official templates avoids getting rejected by the clerk for formatting issues.
The Petition for Dissolution of Marriage
The petition is the document that formally asks the court to end your marriage. It needs both spouses’ full legal names and current addresses, the date and location of the marriage, the names and dates of birth of any children born or adopted during the marriage along with their living arrangements, whether either spouse is pregnant, whether you are asking for spousal maintenance or a particular division of property, and any existing court cases involving the children.
You will also prepare a Summons, which is the document that officially tells your spouse the case has been filed and includes an address where they can be reached.
The Financial Affidavit
Both parties must complete a sworn Financial Affidavit laying out their full financial picture: income from every source, monthly household expenses, debts, bank accounts, retirement and investment accounts, real estate, and business interests.3Illinois Courts. Financial AffidavitFinancial Affidavit (Family and Divorce) The affidavit is signed under oath. Intentional misstatements can lead to sanctions, including being ordered to pay the other side’s attorney fees.
File Through eFileIL
Every court filing in Illinois has to go through the state’s electronic filing system, eFileIL.4Supreme Court of Illinois. eFileIL (Statewide e-filing) You register through one of the certified electronic filing service providers, save your forms as individual PDFs, and upload them. The system prompts you for the case category, which sets the filing fee.
Filing fees for a dissolution of marriage vary by county. Contact your local circuit clerk to confirm the exact amount, though most filers pay somewhere in the range of a few hundred dollars. You pay electronically by credit card or e-check when you submit.
If the fee is out of reach, you can file an Application for Waiver of Court Fees. You automatically qualify for a full waiver if you receive SNAP, TANF, or SSI. Even without those benefits, the court will grant a full or partial waiver if your income is at or below 125% of the federal poverty level, or if paying would cause substantial hardship.5Illinois General Assembly. Illinois Compiled Statutes 735 ILCS 5/5-105 – Waiver of Court Fees, Costs, and Charges
Once the clerk accepts your filing, the system returns file-stamped copies with an official seal and a case number. That number follows the case for its entire life, and the stamped copies are what you use to serve your spouse.
A few filers can skip e-filing entirely. You may file on paper if you are incarcerated without a lawyer, if a disability prevents you from using the system, or if you qualify for a “good cause” exemption because you lack internet access, an email account, or the ability to complete the process on your own.6Illinois Courts. Information for Filers Without Lawyers
Serve Your Spouse
Filing opens the case, but nothing moves until your spouse has been formally notified. Illinois offers three main ways to accomplish that.
The most common method is the county sheriff. You bring your file-stamped documents to the sheriff’s office in the county where your spouse lives and pay a service fee, typically under $100. A licensed private detective can also serve process, and the court can appoint a special process server who is at least 18 and not a party to the case.7Justia Law. Illinois Compiled Statutes 735 ILCS 5/2-202 – Persons Authorized to Serve Process Whoever serves the papers files proof with the court, either a Return of Service (sheriff) or an Affidavit of Service (private individual).
If your spouse is cooperative, they can skip service by filing an Entry of Appearance, which tells the court they are voluntarily participating.8Office of the Illinois Courts. Appearance and Jury Request Forms That saves the cost and delay of arranging sheriff service.
When you truly cannot locate your spouse, the court may allow service by publication. You file an affidavit showing your spouse left the state, cannot be found after a diligent search, or is hiding their location. If the court approves, the clerk publishes a notice in a local newspaper and, within 10 days of the first publication, mails a copy to your spouse’s last known address.9Justia Law. Illinois Compiled Statutes 735 ILCS 5/2-206 – Service by Publication Courts look closely at these requests, so your affidavit needs to describe the specific steps you took to find your spouse.
The 30-Day Response Window
After being served, your spouse has 30 days to file an Entry of Appearance and either respond to the petition or work toward an agreement.1019th Judicial Circuit Court, IL. Dissolution of Marriage/Divorce From here the case takes one of two paths.
If your spouse appears and engages, you negotiate, mediate, or litigate the terms: property division, support, and any parenting arrangements. Most cases settle without a trial, but a judge decides any issues you cannot agree on.
If 30 days pass with no response, you can ask the court to enter a default. The case then proceeds without your spouse’s input, and you may receive what you asked for in the petition. Your spouse can move to vacate a default judgment within 30 days of the judgment date. After that window closes, overturning it becomes much harder.11Illinois Legal Aid Online. Responding to a Divorce Case
Ask for Temporary Orders if You Need Them
Divorce cases often take months. Either spouse can ask the court for temporary orders that stay in place until the divorce is final. Common requests include temporary child support or spousal maintenance, use of the family home and vehicles, restraining orders preventing either spouse from moving or spending down marital assets, orders keeping the children within the court’s jurisdiction, and protection from harassment.
You request temporary relief with a motion supported by an affidavit and financial documentation. The court sets a hearing where both sides present evidence.12Illinois General Assembly. Illinois Compiled Statutes 750 ILCS 5/501 – Temporary Relief Filing early matters when there is a real risk that the other spouse could drain accounts or leave with the children.
Extra Steps if You Have Children
Cases involving minor children carry two extra requirements.
Parenting Plan
Both parents must file a proposed parenting plan within 120 days of the petition being served or an appearance being filed. You can submit a joint plan if you agree or separate plans if you don’t. The plan has to cover how significant decisions (education, healthcare, religion) will be divided, a parenting-time schedule including holidays and school breaks, a mediation provision for future disputes, each parent’s access to school and medical records, whose address is used for school enrollment, and a requirement that either parent give at least 60 days’ written notice before relocating. The court can extend the 120-day deadline for good cause, and if the respondent never appears, no parenting plan is required unless the court orders one.13Justia Law. Illinois Compiled Statutes 750 ILCS 5/602.10 – Parenting Plan
Parenting Education
Illinois Supreme Court Rule 924 requires all parties in a case involving children to attend a court-approved parenting education program of at least four hours. You must complete it as soon as possible, and no later than 60 days after your initial case management conference. A court can excuse attendance only if it finds that doing so is in the child’s best interests, and it has to document the reason.14Illinois Courts. Illinois Supreme Court Rule 924 – Parenting Education Requirement Skipping the class without permission can lead to sanctions.
Exchange Financial Disclosures
The Financial Affidavit you filed at the start is just the beginning. Both spouses have to exchange detailed financial documentation early in the case: federal and state tax returns for the prior three years, recent pay stubs, bank and investment account statements, credit card and loan statements, retirement account records, and documents for any real estate or business interests. This exchange prevents hidden assets and gives the court a real basis for calculating child support, maintenance, and an equitable property split. Your local circuit court may add its own requirements, so check with the clerk for county-specific forms or deadlines.
The Prove-Up Hearing
An uncontested divorce ends at a prove-up hearing, a short court appearance where you present your agreements to a judge. Have three documents ready: a Marital Settlement Agreement covering property, debts, and any maintenance; the proposed Judgment for Dissolution of Marriage; and, if you have children, a finalized Parenting Plan.
At the hearing, the petitioner testifies under oath, and sometimes both spouses do. The testimony confirms that the residency requirement is met, that irreconcilable differences broke down the marriage, and that both parties understand and agree to the settlement. The judge reviews the paperwork for legal compliance and fairness. Once the judge signs the Judgment for Dissolution and the order is filed with the clerk, the divorce is final.
The court cannot sign the final judgment until it has addressed, or reserved for later ruling, every required issue: property division, spousal maintenance, child support, and the allocation of parental responsibilities if there are children.1Illinois General Assembly. Illinois Compiled Statutes 750 ILCS 5/401 – Dissolution of Marriage If you want to go back to a former or maiden name, ask for it in the petition. The judge can build a provision into the judgment letting you change it at any time without a separate name-change petition.