Filing for divorce in Illinois requires understanding the state’s specific residency requirements, grounds, waiting periods, and property division rules. This comprehensive Illinois divorce guide walks you through every step of the process — from meeting eligibility requirements to finalizing your decree. Whether you are considering an uncontested divorce, navigating property division, or understanding your rights, this guide covers the key Illinois divorce laws you need to know.
All information verified against Illinois statutes and official court resources as of April 2026.
In This Illinois Divorce Guide:
Illinois Divorce Filing Requirements
Before you can file for divorce in Illinois, you must meet these requirements:
| Residency Requirement | 90 days — at least one spouse must have been a resident of Illinois (or stationed in Illinois as a member of the armed forces) for 90 days before entry of the dissolution judgment (750 ILCS 5/401) |
| Filing Fee | 250 to 388 depending on county (Cook County is 388; smaller counties start around 250; DuPage County approximately 343) |
| No-Fault Grounds | Yes — Illinois is a purely no-fault state. The sole ground is irreconcilable differences that have caused the irretrievable breakdown of the marriage (750 ILCS 5/401). All fault-based grounds were abolished in 2016 by Public Act 99-90. |
| Waiting Period | No mandatory waiting period after filing per se, but the court cannot enter a final judgment of dissolution until at least 30 days after the petition is filed. In contested cases where irreconcilable differences are disputed, a 6-month separation period may be required to create an irrebuttable presumption of irreconcilable differences. |
| Separation Requirement | Not required if both spouses agree the marriage is irretrievably broken. If one spouse contests the grounds, the parties must live separate and apart for a continuous period of not less than 6 months immediately preceding entry of judgment, which creates an irrebuttable presumption of irreconcilable differences. Living separate and apart can occur under the same roof. |
| Property Division | Equitable distribution |
| Uncontested Available | YES — Illinois allows both standard uncontested dissolution (where both parties agree on all terms) and a Joint Simplified Dissolution procedure under 750 ILCS 5/451-452 |
| Online Filing | YES — Illinois mandates electronic filing (e-filing) for all civil cases including divorce through the eFileIL system (efile.illinoiscourts.gov), which has been required statewide since January 1, 2018. Self-represented litigants can use the system directly. |
Residency: At least one spouse must have been a resident of Illinois for 90 days — at least one spouse must have been a resident of Illinois (or stationed in Illinois as a member of the armed forces) for 90 days before entry of the dissolution judgment (750 ILCS 5/401) before filing. You file in the county where either spouse resides.
Illinois Fault-Based Divorce Grounds
In addition to no-fault divorce, Illinois allows divorce on these fault-based grounds:
- NONE — Illinois eliminated all fault-based grounds effective January 1
- 2016. It is a pure no-fault state.
Filing on fault grounds may affect property division, alimony, or custody decisions in some Illinois courts. However, most divorces in Illinois proceed on no-fault grounds because they are simpler and faster.
Step-by-Step Illinois Divorce Process
- Meet residency requirements: Confirm you or your spouse has lived in Illinois for the required period.
- Prepare your petition: Complete the Petition for Dissolution of Marriage (or equivalent Illinois form). Include grounds, requests for property division, custody, and support.
- File with the court: Submit your petition to the circuit/family court in the appropriate county. Pay the filing fee (approximately 250 to 388 depending on county (Cook County is 388; smaller counties start around 250; DuPage County approximately 343)).
- Serve your spouse: Your spouse must be formally served with divorce papers via sheriff, process server, or certified mail (rules vary by Illinois county).
- Response period: Your spouse has a set number of days (typically 20-30) to file a response.
- Negotiation/discovery: Spouses exchange financial information and negotiate terms on property, custody, and support.
- Waiting period: No mandatory waiting period after filing per se, but the court cannot enter a final judgment of dissolution until at least 30 days after the petition is filed. In contested cases where irreconcilable differences are disputed, a 6-month separation period may be required to create an irrebuttable presumption of irreconcilable differences. must pass before the divorce can be finalized.
- Final hearing/decree: The judge reviews and approves the settlement agreement or makes rulings on contested issues. The divorce decree is entered.
Parenting class: Illinois requires divorcing parents with minor children to complete a court-approved parenting education class. These classes cover the impact of divorce on children and co-parenting strategies.
Illinois Property Division
Illinois follows equitable distribution for dividing marital property. This does not necessarily mean 50/50 — the court divides assets fairly based on factors including the length of the marriage, each spouse’s income and earning potential, contributions to marital property, and the needs of each party.
Illinois courts divide only marital property (not separate/non-marital property) based on equitable distribution under 750 ILCS 5/503. Factors include: each spouse’s contribution to the marital estate (including homemaking); duration of the marriage; relevant economic circumstances of each spouse; any prenuptial or postnuptial agreement; each spouse’s age, health, occupation, income, employability, liabilities, and needs; custodial provisions for children; whether spousal maintenance is awarded; each spouse’s opportunity for future acquisition of assets and income; and the tax consequences of the property division. Marital misconduct is NOT a factor.
Key assets to consider: Real estate, retirement accounts (401k, pensions, IRAs), business interests, vehicles, investment accounts, debts, and personal property. Some assets may require professional appraisal or a Qualified Domestic Relations Order (QDRO) for retirement account division.
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How Long Does Divorce Take in Illinois?
Uncontested divorce: 1 to 3 months from filing to finalization (minimum 30 days; Joint Simplified Dissolution can be heard the same day it is filed but still requires the 30-day minimum before final judgment entry)
Contested divorce: 6 to 18 months typical; complex cases with trial can extend to 24 to 36 months or longer
These timelines are approximate. Court backlogs, complexity of issues, and whether children are involved can significantly affect the actual duration.
Uncontested Divorce in Illinois
An uncontested divorce in Illinois is available when both spouses agree on all major issues: property division, child custody, child support, and alimony. For standard uncontested divorce: both spouses must agree on all issues including property division, debt allocation, spousal maintenance, and (if applicable) parenting plan and child support; at least one spouse must meet the 90-day residency requirement. For Joint Simplified Dissolution (750 ILCS 5/452): marriage lasted 8 years or less; no children born or adopted during the marriage; neither party has any interest in real property; total marital property value (minus debts) is less than 50000; neither spouse earns more than 30000 per year gross; combined gross income is less than 60000; neither party has retirement benefits other than IRAs with combined value under 10000; both parties waive maintenance; and both parties have disclosed assets and tax returns.
Benefits of uncontested divorce include lower attorney fees, faster resolution, less emotional stress, and greater privacy since contested hearings are public.
Illinois Divorce Costs
Divorce costs in Illinois vary widely based on complexity:
| Type | Estimated Cost Range |
|---|---|
| Filing Fee | 250 to 388 depending on county (Cook County is 388; smaller counties start around 250; DuPage County approximately 343) |
| Uncontested (no attorney) | $300 – $1,500 |
| Uncontested (with attorney) | $1,500 – $5,000 |
| Contested (with attorney) | $5,000 – $30,000+ |
| Mediation | $2,000 – $8,000 |
Fee waivers may be available for low-income filers. Contact the court clerk in your county for fee waiver applications.
Additional Illinois rules: Illinois abolished all fault-based divorce grounds in 2016 (Public Act 99-90), making it one of the states with a purely no-fault system. The 6-month separation presumption can be satisfied while living under the same roof if the spouses are leading separate lives. Illinois uses the term allocation of parental responsibilities instead of custody. Spousal maintenance (alimony) is calculated using a statutory formula based on each spouse’s gross income and the duration of the marriage. Illinois requires mandatory financial disclosure through a Financial Affidavit in all family law cases. Fee waivers are available for low-income filers who cannot afford filing fees.
Official Sources & Resources
- Illinois Courts: https://www.illinoiscourts.gov
- Legal Aid: https://www.illinoislegalaid.org/legal-information/divorce-0
- Cornell LII — Family Law: law.cornell.edu
- NCSL Divorce Laws: ncsl.org
This Illinois divorce guide was last verified against official sources in April 2026. If you notice outdated information, please contact us.