Illinois Divorce Guide
Everything you need to know about filing for divorce in Illinois — residency requirements, costs, forms, timelines, and how to file without a lawyer. Updated for 2026.
Illinois Divorce at a Glance
| Residency Requirement | 3 months in state |
| Waiting Period | 0 days — Illinois has no mandatory pre-filing or post-filing waiting period. However, a 6-month separation period creates an irrebuttable presumption of irreconcilable differences (750 ILCS 5/401(a)). Parties can waive the 6-month separation period by mutual agreement, and courts may grant the divorce without the full separation period. Living separate and apart can include living under the same roof if the parties maintain separate lives. For Joint Simplified Dissolution, there is a 30-day waiting period after filing before judgment can be entered. |
| Filing Fee | $337(fee waiver available) |
| No-Fault Grounds | Irreconcilable Differences |
| Fault Grounds | None |
| Property Division | Equitable Distribution |
| E-Filing | Available — Mandatory since January 1, 2018 for all civil filings (including divorce) in all Illinois counties. Uses the Odyssey eFileIL platform (Tyler Technologies) statewide at efile.illinoiscourts.gov. No separate e-filing fee; standard court filing fees apply. Account requires an email address. Filers without email access may qualify for an exemption. Self-help guide available at illinoiscourts.gov/self-help/how-to-e-file/. Technical support: Tyler Technologies at 800-297-5377 or efiling.support@tylertech.com. |
| Response Window | 30 days — The respondent has 30 days from the date of service to file an Appearance and Answer/Response to the Petition (735 ILCS 5/2-610). Every allegation not explicitly denied is deemed admitted. If the respondent does not respond within 30 days, the court may enter a default judgment and the case proceeds without the respondent's input. |
Grounds for Divorce in Illinois
Irreconcilable differences — the marriage has broken down irretrievably, efforts at reconciliation have failed, and future attempts would be impracticable and not in the best interests of the family
No-Fault Grounds
- Irreconcilable Differences — The only ground for divorce in Illinois. The marriage has broken down irretrievably, efforts at reconciliation have failed, and future attempts would be impracticable and not in the best interests of the family (750 ILCS 5/401(a)). Illinois became a purely no-fault state effective January 1, 2016 (Public Act 99-90). If parties have lived separate and apart for 6+ months, irreconcilable differences are irrebuttably presumed. Parties may waive the 6-month period by agreement. Living separate and apart can include living under the same roof.
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How to File for Divorce in Illinois
Meet Residency Requirements
You must have lived in Illinois for at least 3 months before filing. At least one spouse must have been a resident of Illinois (or stationed in Illinois as a member of the armed services) for at least 90 days immediately preceding filing (750 ILCS 5/401(a)). No specific county durational requirement; the petition is filed in the county where either spouse resides. Active-duty military members stationed in Illinois satisfy the residency requirement even if they are not legal residents of the state.
Complete Your Forms
Illinois requires 2 mandatory forms to initiate a divorce. See the full forms list.
File with the Court
File your petition and pay the $337 filing fee. E-filing is available in some counties.
Serve Your Spouse
Accepted service methods: personal, sheriff, process server, substituted, waiver, email, social media, publication. Petitioner must serve the respondent within 2 days of filing the petition (750 ILCS 5/411(b)). When served by publication, the court can grant the dissolution but cannot divide property because publication service does not confer personal jurisdiction over the respondent. Illinois requires a licensed private detective for private process service.
Wait for Response & Finalize
Your spouse has 30 days to respond. After the 0-day waiting period, the court can issue your final decree.
Special Rules in Illinois
No-Fault Only State
Illinois completely eliminated all fault-based grounds for divorce effective January 1, 2016 (Public Act 99-90). The only ground is irreconcilable differences (750 ILCS 5/401). Illinois is one of a minority of states with purely no-fault divorce.
Applies when: All divorce cases
Joint Simplified Dissolution
Illinois offers a streamlined, expedited divorce for qualifying couples under 750 ILCS 5/451-452. Requirements include: married 8 years or less, no minor children, total marital property under $50,000, combined gross income under $60,000, neither party's income exceeds $30,000, no real property, limited retirement benefits, and both parties waive maintenance. Both parties jointly file and appear at court.
Applies when: Both parties qualify under eligibility requirements
Companion Animal Provisions
Illinois law requires parties to address allocation of ownership and responsibility for companion animals in divorce proceedings (750 ILCS 5/452; 750 ILCS 5/503(n)).
Applies when: When companion animals are involved
No Marital Misconduct in Property Division
Courts are explicitly prohibited from considering marital misconduct when dividing property (750 ILCS 5/503(d)).
Applies when: All property division determinations
Dissipation Claims
Either party may claim that the other dissipated (wasted) marital assets for non-marital purposes during the marriage breakdown. Must be raised by notice, and the burden shifts to the alleged dissipator to prove legitimate use (750 ILCS 5/503(d)(2)).
Applies when: When dissipation of assets is alleged
Mandatory Parenting Education
Illinois Supreme Court Rule 924 requires a minimum 4-hour parenting education program for all divorces involving minor children. Must be completed within 60 days of the initial case management conference. Parents must attend separate sessions. Failure to comply can result in sanctions, fines, contempt, or temporary limitation of parenting time.
Applies when: Minor children involved
Mandatory Requirements
Parenting Course Required
Mandatory 4+ hour parenting education program for all cases involving minor children (Illinois Supreme Court Rule 924). Covers parenting time, custody allocation, visitation, and impact on children. Must be completed within 60 days of the initial case management conference. Parents must attend separate sessions. Failure to comply can result in sanctions, fines, contempt, or temporary limitation of parenting time. Cost: $35-$75 per person.
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