Ready to start your divorce? Gather your documents and download the Illinois divorce forms today to take the first step.
Get your divorce papersWhat Divorce Papers needs to be valid in Illinois
- You or your spouse must have lived in Illinois for at least 90 days before filing.
- You must have a legal ground for divorce, such as irreconcilable differences (the most common) or grounds like adultery, abandonment, or extreme cruelty.
- You must complete and file the required divorce forms with the Circuit Court Clerk in the county where you or your spouse resides.
- You must provide your spouse with proper notice of the divorce filing (service of process).
- You must wait at least 90 days from the date your spouse is served before the divorce can be finalized.
- If you and your spouse agree on all issues (property, custody, support), you can file for an uncontested divorce using simpler forms.
How to set up a Divorce Papers in Illinois
- Determine your eligibility: Ensure you meet the residency requirement and decide on grounds for divorce, usually 'irreconcilable differences'.
- Gather the necessary information: Collect details about your marriage, property, debts, income, and any children.
- Fill out the divorce forms: Obtain and complete the required forms, such as the Petition for Dissolution of Marriage, Summons, and other local forms. You can get these from the court or online.
- File the forms with the Circuit Court Clerk: Submit the completed forms along with the filing fee to the appropriate county court.
- Serve your spouse: Arrange for your spouse to be served with the divorce papers legally. This must be done by a sheriff, private process server, or approved adult.
- Attend the court hearing (if needed): For uncontested divorces, you may have a hearing or file a judgment by default. For contested cases, prepare for court appearances.
How much it costs
The filing fee for divorce in Illinois varies by county, typically ranging from $200 to $400. Additional costs may include service of process fees (about $50-$100), notary fees, and court-mandated parenting classes if you have children. If you cannot afford the fees, you may request a fee waiver using an Application for Waiver of Court Fees.
Before You Begin: Illinois Divorce Papers Checklist
Gathering the right documents and information in advance can make preparing your Illinois divorce papers smoother and help you avoid common filing delays.
- Confirm you meet Illinois residency requirements: either you or your spouse must have lived in Illinois for at least 90 days before filing.
- Collect key documents: marriage certificate, financial records (tax returns, bank statements, pay stubs), and any existing prenuptial or postnuptial agreements.
- Identify the correct county courthouse—file in the county where either you or your spouse currently resides.
- Review your local circuit court’s website for specific forms and filing instructions, as some counties have local rules or additional required cover sheets.
- Decide whether you need a notary: in Illinois, the 'Joint Petition for Dissolution of Marriage' must be notarized, but other forms may not require notarization if filed electronically or in person.
- Be prepared to provide a valid photo ID, Social Security number, and information about any minor children (names, birthdates, and proposed parenting plan).
Questions people ask
Do I need a lawyer to file for divorce in Illinois?
No, you can file for divorce on your own, especially for uncontested divorces. However, if your situation is complicated or contentious, it may be wise to consult an attorney to protect your rights.
How long does a divorce take in Illinois?
An uncontested divorce can be finalized in as little as 90 days after your spouse is served, provided all paperwork is accurate and filed promptly. Contested divorces can take much longer, depending on the issues involved.
What is the 'irreconcilable differences' ground?
It's a no-fault ground for divorce in Illinois, meaning you don't have to prove fault. You simply state that you and your spouse have had irreconcilable differences for at least six months, making the marriage irretrievably broken.
Are there free resources to help fill out Illinois divorce forms?
Yes, many Illinois courts offer free self-help centers or online guides. Additionally, legal aid organizations may provide assistance if you qualify based on income.