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Filing for divorce in Illinois

What you file, where you file, what it costs, and the rules that catch people out. Compiled from Illinois court and statute sources.

How to read these entries.

This is general legal information compiled from state court websites, state statutes, and official self-help materials. It is not legal advice, and reading it does not create an attorney-client relationship with anyone.

Why we publish it. Most people meet the family law system once, at the worst moment of their life, knowing nothing about it. That gap is where people get overcharged and poorly served. This page exists so you can walk in already knowing roughly how your state works, ask sharper questions, and recognize when an answer does not sound right. It is here to help you hold your attorney to a standard, not to replace what they do.

Talk to a lawyer licensed in your state. That is the normal path, not a fallback for when something goes wrong. Nothing here can account for the facts of your marriage, your finances, or your children, and those facts are usually what determines the outcome. Many states also have free legal aid and court self-help centers, and we link to them by state.

Verify before you rely on anything. Every entry cites its source. Follow that citation to the official state site and confirm it still says what we say it says, and that it applies to your situation. Filing fees, form numbers, e-filing rules, and local standing orders change frequently, and a form number that was right last year can get your filing rejected today.

The same state can treat you very differently depending on whether your spouse agrees, whether you have minor children, whether you file jointly or alone, and which county or judge hears it. Waiting periods run from filing in some states and from service in others. Deadlines described here as fixed are the statutory default, and a judge may still have narrow discretion in an emergency.

If you are in danger, do not wait on any of these timelines. An order of protection is a separate and much faster process than a divorce, and it does not depend on any waiting period described on this page.

Your roadmap
What you file
Petition for Dissolution of Marriage, filed with the original plus two copies
Summons, notifying your spouse
Financial Affidavit, the statewide Supreme Court form, filed impounded so it stays private
Proof of Delivery, confirming you served the affidavit
Joint Petition for Simplified Dissolution, plus the joint affidavit and asset agreement, for the fast track
Judgment of Dissolution of Marriage
Certificate of Dissolution, provided by the clerk for vital records
Application for Waiver of Court Fees
Where you fileCircuit court in the county where either spouse lives. No separate county residency rule.
What it costsRoughly $250 to $390 by county, plus about $50 to $100 for service. Waivable.
The sequence
1. Gather your marriage certificate, tax returns, pay stubs, and account statements before filing, since disclosure is required.
2. Decide your track. Joint Simplified Dissolution is quicker but caps marriage length, property, and income, and requires no children plus both spouses in court.
3. File the Petition and Summons with the circuit clerk. Simplified forms must be notarized before filing, and the clerk cannot notarize for you.
4. Serve your spouse and file proof of service.
5. Exchange Financial Affidavits with supporting documents. False information can reopen the judgment later.
6. Attend the hearing and the judge signs the Judgment of Dissolution.
An Illinois dissolution judgment is final and cannot be appealed, and reopening it requires proving fraud, duress, mistake, or similar grounds. Confirm fees with your circuit clerk.
Court forms

Illinois files a Petition for Dissolution of Marriage in the county Circuit Court. Filing fees run about $250 to $390 by county, with waivers for low-income filers. Couples married under 8 years, with no children and limited property, may qualify for the faster Joint Simplified Dissolution.

State rules and gotchas

The 6-month separation is a shortcut, not a requirement Verified Jul 2026

Illinois is pure no-fault, and its only ground is irreconcilable differences. You do not have to be separated to divorce. Living apart six months just gives you an automatic, unchallengeable presumption that the marriage is broken, and you can waive even that by agreement. Separate lives under one roof can count.

Source: 750 ILCS 5/401. Confirm with the court.

You can file before 90 days, but not finish before it Verified Jul 2026

At least one spouse must be an Illinois resident for 90 days. That deadline governs when the judgment can be entered, not when you file, so you can start the case early and let the clock run during proceedings.

Source: 750 ILCS 5/401(a). Confirm with the court.

Cheating will not change your property split, but hiding money will Verified Jul 2026

Illinois divides marital property in "just proportions," and since fault was abolished in 2016, misconduct like adultery does not affect the division. Dissipation (wasting or hiding marital assets) is the exception and can shift the split against the offending spouse.

Source: 750 ILCS 5/503. Confirm with the court.

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