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Illinois Divorce Petition

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Introduction

In Illinois, the proceeding is never labeled a divorce in the statute; the Petition for Dissolution of Marriage is the pleading that formally asks a Circuit Court to end a marriage. One spouse files it to open the case, and doing so requires that a party have been a resident of Illinois, or stationed here on military duty, for the 90 days preceding the court's finding, under 750 ILCS 5/401(a). There is no independent statutory waiting period. The only clock that matters is the 6-month continuous separation, which once satisfied conclusively establishes irreconcilable differences under 750 ILCS 5/401(a-5). Since January 1, 2016, Illinois has been a pure no-fault state, so the sole ground is that 'irreconcilable differences have caused the irretrievable breakdown of the marriage,' and every former fault ground has been abolished. The action is formally a dissolution of marriage, the filing spouse is the Petitioner, the other spouse is the Respondent, and the case is heard in the county Circuit Court, such as the Circuit Court of Cook County.

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Key Things to Know

  1. 1

    Definition: Known in Illinois as a Petition for Dissolution of Marriage, this is the formal pleading one spouse files with the Circuit Court to open a case that legally ends the marriage.

  2. 2

    Residency: One party must have lived in Illinois, or been stationed here while serving in the armed forces, for the 90 days immediately preceding the making of the finding, per 750 ILCS 5/401(a).

  3. 3

    Grounds: The state is pure no-fault. Since January 1, 2016 the only ground is that 'irreconcilable differences have caused the irretrievable breakdown of the marriage' (750 ILCS 5/401(a)), and all fault grounds were repealed.

  4. 4

    Waiting period and separation: Illinois imposes no independent waiting period. Living 'separate and apart for a continuous period of not less than 6 months' conclusively establishes irreconcilable differences under 750 ILCS 5/401(a-5), though the parties may waive the period by stipulation.

  5. 5

    Property: Illinois follows equitable distribution, not community property. Marital property is divided in 'just proportions' under 750 ILCS 5/503, meaning fair rather than an automatic 50/50 split.

  6. 6

    Forms and court: You file a Petition for Dissolution of Marriage and a Summons, using the Illinois Supreme Court standardized forms that exist for cases with and without children, in the Circuit Court of your judicial circuit, such as the Circuit Court of Cook County.

  7. 7

    Fee: Filing costs roughly $300 to $390 depending on county (Cook County is about $388), and fee waivers are available for indigent petitioners.

Key decisions before you file

Before you file a Divorce Petition in Illinois, a few decisions shape the document: which option to choose and what each one means. The Divorce Petition guide walks through them.

Open the Divorce Petition guide

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Illinois Requirements for Divorce Petition

  • Residency (State)

    Spouses must meet the residency requirement: One of the parties must have been a resident of Illinois, or stationed in the state while a member of the armed services, for 90 days preceding the making of....

  • Residency (County)

    Must file in the correct county Circuit Court the county.

  • Grounds for Divorce

    Must properly plead grounds: Pure no-fault. Since January 1, 2016, the sole ground is 'irreconcilable differences' , all fault grounds were abolished. The statutory phrase: 'irreconcilable differences have caused the irretrievable breakdown of the....

  • Waiting Period

    Mandatory waiting period: No independent waiting period. The only time element is the 6-month continuous separation, which if satisfied conclusively establishes irreconcilable differences....

  • Required Forms

    Must file correct state forms: Petition for Dissolution of Marriage and Summons (Illinois Supreme Court approved standardized forms exist for....

  • Property Division

    Property is divided according to: Equitable distribution (not community property). Marital property is divided in 'just proportions' under 750 ILCS... laws.

  • Filing Fee

    Filing fee is typically Approximately $300,$390 depending on county (e.g., Cook County ~$388); fee... unless waived.

  • Service of Process

    The Respondent must be properly served with the summons and petition.

Frequently Asked Questions

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