Illinois Divorce Petition

Filing a Divorce Petition in Illinois

In Illinois the case is not labeled a 'divorce' in the statute, it is a dissolution of marriage. The spouse who files is the Petitioner and the other spouse is the Respondent. Learning the state's specific rules before you file the divorce petition helps your case move through the county Circuit Court without avoidable delay.

Residency and Where You File

Before the court can enter its finding, one of the parties must have been a resident of Illinois, or stationed in the state as a member of the armed services, for the 90 days preceding that finding, under 750 ILCS 5/401(a). You file the petition in the Circuit Court of the relevant judicial circuit. A Chicago-area case, for example, is heard in the Circuit Court of Cook County.

The No-Fault Ground

Since January 1, 2016, Illinois has been a pure no-fault state. Every former fault ground was abolished, leaving one statutory basis: that 'irreconcilable differences have caused the irretrievable breakdown of the marriage' (750 ILCS 5/401(a)). You do not allege misconduct, you allege breakdown. Because fault no longer affects the grounds, contested trials over who was to blame have largely disappeared, and the court instead focuses on property, support, and the children.

Separation and Timing

Illinois imposes no independent waiting period. The only time element is the 6-month continuous separation. Living 'separate and apart for a continuous period of not less than 6 months' creates an irrebuttable presumption that the irreconcilable-differences requirement is met, and once satisfied it conclusively establishes that ground under 750 ILCS 5/401(a-5). Separation is not strictly required to file, and the parties may waive this period by stipulation when both agree the marriage is over.

How Property Is Divided

Illinois is an equitable distribution state, not a community property state. The court first classifies what each spouse owns, separating non-marital property, such as assets owned before the marriage or received by gift or inheritance, from marital property acquired during the marriage. Only the marital estate is divided, and under 750 ILCS 5/503 it is apportioned in 'just proportions', a fairness standard that weighs each spouse's contributions, the length of the marriage, and each party's economic circumstances rather than mandating an automatic 50/50 split. The relief a petition requests typically reaches beyond property alone, asking the Circuit Court to address maintenance, the allocation of parental responsibilities and parenting time, and child support where minor children are involved.

Forms and Filing Fees

To open the case you file a Petition for Dissolution of Marriage together with a Summons. The Illinois Supreme Court has approved standardized forms for cases with children and cases without children, which helps self-represented filers. You file both documents with the circuit clerk in the county where residency is met, then serve them on the respondent. Expect a filing fee of roughly $300 to $390 depending on the county. Cook County runs about $388, and fee waivers are available for indigent petitioners who cannot afford the cost.

Putting It Together

An Illinois dissolution turns on a few precise rules: 90-day residency, a no-fault ground rooted in irreconcilable differences, an optional 6-month separation presumption that can be waived, equitable 'just proportions' property division, and a Circuit Court filing built on Supreme Court approved forms. Aligning your petition with 750 ILCS 5/401 and 503 from the start gives the court what it needs to reach a finding efficiently.