How to File for Divorce
in Illinois
A complete guide for Illinois residents — residency requirements, no-fault grounds, filing fees, property division rules, and a 6-step process overview.
Filing Fee
$250-$400 (check with your county circuit clerk)
Approximate
Timeline
3-6 months (uncontested); 12-24 months (contested)
Uncontested
Property
Equitable distribution
Division rule
Illinois Divorce — Key Facts
Residency Requirement
90 days in the state before the divorce is entered (not necessarily before filing)
Grounds for Divorce
Irreconcilable differences
Separation Period
6 months of separation creates an irrebuttable presumption, but parties can waive this requirement by agreement
Property Division
Equitable distribution
Filing Fee
$250-$400 (check with your county circuit clerk)
Average Timeline
3-6 months (uncontested); 12-24 months (contested)
Illinois-Specific Rule
Illinois eliminated all fault-based grounds for divorce in 2016 — irreconcilable differences is now the only ground. A 6-month separation creates an irrebuttable presumption of irreconcilable differences.
6-Step Divorce Process in Illinois
Confirm You Meet Residency Requirements
90 days in the state before the divorce is entered (not necessarily before filing). If you don't yet qualify, you can still start organizing your documents — just wait to file until the residency requirement is met.
Gather Financial and Personal Documents
Collect marriage certificate, bank statements, tax returns (last 2 years), property deeds, vehicle titles, retirement account statements, and any prenuptial agreements. JustiPal™ provides a complete document checklist.
Complete the Divorce Petition
File the Petition for Dissolution of Marriage (or Divorce Complaint, depending on Illinois's terminology). State the grounds as "Irreconcilable differences." Include your marriage date, separation date if applicable, and requested relief.
Serve Your Spouse
Your spouse must be formally notified of the divorce filing. This can be done by a process server, certified mail, or sheriff. Your spouse has a set number of days to respond.
Negotiate or Agree on Terms
Reach agreement on property division (Equitable distribution rules apply in Illinois), debt allocation, spousal support if applicable, and child custody and support if you have children.
Finalize the Divorce Decree
Submit your Settlement Agreement and financial disclosures to the court. For uncontested divorces, a judge reviews and signs the Final Judgment. Illinois eliminated all fault-based grounds for divorce in 2016 — irreconcilable differences is now the only ground. A 6-month separation creates an irrebuttable presumption of irreconcilable differences.
Frequently Asked Questions — Illinois Divorce
How long do I have to live in Illinois before I can file for divorce?
90 days in the state before the divorce is entered (not necessarily before filing). This residency requirement must be met before the court can accept your divorce petition. If you don't yet meet the requirement, you can still begin organizing your documents and preparing your case.
What are the grounds for divorce in Illinois?
Illinois recognizes no-fault divorce based on "Irreconcilable differences." You don't need to prove fault, wrongdoing, or that your spouse did anything wrong — simply that the marriage has broken down and cannot be repaired.
How much does it cost to file for divorce in Illinois?
The estimated court filing fee in Illinois is $250-$400 (check with your county circuit clerk). Filing fees vary by county. Additional costs may include a process server (typically $30–$100), and document preparation services like JustiPal™ ($197).
How is property divided in a Illinois divorce?
Illinois follows Equitable distribution rules. Illinois eliminated all fault-based grounds for divorce in 2016 — irreconcilable differences is now the only ground. A 6-month separation creates an irrebuttable presumption of irreconcilable differences.
How long does divorce take in Illinois?
An uncontested divorce in Illinois typically takes 3-6 months (uncontested); 12-24 months (contested). Separation period: 6 months of separation creates an irrebuttable presumption, but parties can waive this requirement by agreement. Contested divorces involving disagreements over property division or child custody can take 1–3 years.
Related Resources
Free Check
Divorce Readiness Check
See if you're ready to file in Illinois — takes 2 minutes. Covers residency, documents, and property.
Check My ReadinessFull Service · $197
Divorce Intake Package
Guided divorce intake with Illinois-specific document checklist and organized filing packet.
- Complete intake workflow
- Illinois document checklist
- Property inventory worksheet
- Ready-to-file packet
Document preparation · Not a law firm
JustiPal™ is a document preparation service. We do not provide legal advice. For contested divorces or complex situations, consult a licensed family law attorney in Illinois.
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