How to File for Divorce in Illinois (2026)
Reviewed by DocDraft Legal Team · Illinois · Last updated 2026-05-18
Ending a marriage in Illinois follows Illinois-specific family law from the first filing. The asset rule is equitable distribution (a fair, not automatically equal, split); the no-fault ground is available on irreconcilable differences. You must satisfy the residency requirement first: Either spouse must have resided in Illinois for 90 days before the court enters a judgment of dissolution; the petition may be filed before the 90 days run. What follows is the Illinois process, forms, and the controlling statute, 750 ILCS 5/401.
Key Considerations
Property division in Illinois runs on fair-but-not-equal equitable-distribution principles. Equitable distribution: the court divides marital property in 'just proportions' considering each spouse's contribution, the value of property assigned, the marriage duration, and economic circumstances; non-marital property is assigned to its owner. The controlling authority is 750 ILCS 5/503.
Maintenance is its own analysis here. Maintenance uses a statutory guideline formula based on the parties' net incomes, with a duration calculated as a percentage of the marriage length on a statutory schedule; applies up to a combined-gross-income cap The controlling sections are 750 ILCS 5/504.
Child support uses an income-shares model Income-shares model based on both parents' combined net income and the number of overnights; the Illinois Department of Healthcare and Family Services publishes the income-shares schedule and calculator The guideline lives at 750 ILCS 5/505, with the official calculator.
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Relevant Documents
For a Illinois case specifically, Illinois Supreme Court Commission approved statewide standardized 'Petition for Divorce with Children' (Approved 03/2025) and 'Petition for Divorce' (Approved 03/2025, no children under 18). Illinois standardized forms are identified by title rather than numeric form numbers. Filed in the Circuit Court of the county where either spouse resides.
Child Support Worksheet
This document calculates the appropriate amount of child support based on both parents' incomes, the custody arrangement, and other factors.
Final Decree of Divorce
This is the final court order that legally ends your marriage and includes all the terms of your divorce including property division, support, and child custody arrangements.
Financial Disclosure Declaration
Both spouses must complete this document detailing all assets, debts, income, and expenses to ensure fair division of property and appropriate support amounts.
Marital Settlement Agreement
This document outlines the terms of your divorce agreement including property division, debt allocation, spousal support, and child custody arrangements if applicable.
Parenting Plan
If you have children, this document details the custody arrangement, visitation schedule, and decision-making responsibilities for the children.
Qualified Domestic Relations Order (QDRO)
This document is necessary if you need to divide retirement accounts or pension benefits between spouses as part of the divorce settlement.
Response to Petition for Dissolution
If you're the responding spouse, this document allows you to answer the claims in the petition and state your own requests regarding the divorce terms.
Summons
This document notifies your spouse that a divorce action has been filed and that they have a certain amount of time to respond.
Wage Withholding Order
This document directs an employer to withhold child support or spousal support payments from a spouse's paycheck.
Relevant Laws
Illinois Marriage and Dissolution of Marriage Act (750 ILCS 5/)
This is the primary law governing divorce in Illinois. It covers all aspects of divorce including grounds for dissolution, property division, maintenance (alimony), child custody, and child support. Illinois is a 'no-fault' divorce state, meaning couples need only cite 'irreconcilable differences' as grounds for divorce.
Illinois Residency Requirement (750 ILCS 5/401)
To file for divorce in Illinois, either you or your spouse must have been a resident of Illinois for at least 90 days immediately preceding the filing of the petition or the finding of irreconcilable differences.
Illinois Property Division Laws (750 ILCS 5/503)
Illinois follows 'equitable distribution' principles, not community property laws. This means marital property is divided fairly but not necessarily equally. The court considers factors such as each spouse's contribution to acquiring property, marriage duration, and economic circumstances.
Illinois Maintenance (Alimony) Laws (750 ILCS 5/504)
Illinois uses statutory guidelines to determine maintenance amounts and duration based on the couple's combined income and length of marriage. The court considers factors like each spouse's income, needs, earning capacity, and standard of living during marriage.
Illinois Parental Responsibility Laws (750 ILCS 5/602.5 and 602.7)
Illinois uses the terms 'allocation of parental responsibilities' and 'parenting time' rather than custody and visitation. Courts determine these arrangements based on the best interests of the child, considering factors like the child's needs, parents' wishes, and family relationships.
Illinois Child Support Guidelines (750 ILCS 5/505)
Illinois uses an 'income shares' model for calculating child support, which considers both parents' incomes and the number of children. The guidelines establish the basic support obligation, with additional amounts for healthcare, childcare, and educational expenses.
Illinois Divorce Waiting Period (750 ILCS 5/401)
If both spouses agree to the divorce, there is no waiting period. If one spouse contests the divorce, the court requires a 6-month separation period before granting the divorce based on irreconcilable differences.
Regional Variances
Chicago Metropolitan Area
Cook County has its own specific local court rules for divorce proceedings. The Domestic Relations Division of the Circuit Court of Cook County has specialized calendars and judges. Filing fees are higher than in many other Illinois counties. Cook County also offers specific mediation services through the Marriage and Family Counseling Service.
Chicago divorce cases are handled in the Richard J. Daley Center in downtown Chicago, which has specific procedures and resources. The city offers several legal aid organizations specifically for Chicago residents, including Chicago Volunteer Legal Services and Legal Aid Chicago, which provide free or reduced-cost legal assistance for qualifying individuals.
DuPage County has its own local court rules and procedures for divorce cases. The county offers a specific Family Center that provides resources including mediation services, parenting classes, and custody evaluation services. DuPage also has specialized judges who exclusively handle family law matters.
Central Illinois
As the county containing the state capital (Springfield), Sangamon County courts often have more streamlined procedures for divorce cases. The county offers specific court-approved parenting education programs that divorcing parents must complete, which may differ from requirements in other counties.
Champaign County has specific local rules regarding mandatory mediation for custody disputes. The presence of the University of Illinois may affect how courts handle divorces involving academic professionals, student housing, or education-related benefits.
Southern Illinois
Madison County has specific local court rules for family cases. The county offers a unique program called Children First that divorcing parents with minor children must complete, which differs from parenting programs in other counties.
St. Clair County has its own local rules for divorce proceedings. The county offers specific mediation services through the Family Court Services office. Due to its proximity to Missouri, the courts here have more experience with interstate custody and property division issues.
Northern Illinois
Lake County has specialized family courts with their own procedures. The county requires specific parenting education programs and offers comprehensive family mediation services. Lake County also has specific procedures for high-asset divorces, which are common in this affluent area.
McHenry County has unique local court rules for divorce cases. The county offers specific family mediation services and has its own requirements for parenting plans. Rural areas of the county may have different considerations for property division, especially for agricultural assets.
Suggested Compliance Checklist
Check that the residency rule is met
Before filing days after startingEither spouse must have resided in Illinois for 90 days before the court enters a judgment of dissolution; the petition may be filed before the 90 days run. See 750 ILCS 5/401.
State the grounds
Before filing days after startingNo-fault only on irreconcilable differences; Illinois abolished fault grounds in 2016 (750 ILCS 5/401).
Start the action: file the petition with the court
At filing days after startingIllinois Supreme Court Commission approved statewide standardized 'Petition for Divorce with Children' (Approved 03/2025) and 'Petition for Divorce' (Approved 03/2025, no children under 18). Illinois standardized forms are identified by title rather than numeric form numbers. Filed in the Circuit Court of the county where either spouse resides. Expect a filing fee of approximately $250 to $390 depending on county (e.g., higher in Cook County); circuit-clerk schedule, re-verify. A fee waiver is available: Application for Waiver of Court Fees for petitioners below the statutory income threshold.
Handle service and disclosure
After filing days after startingAfter filing, serve the other spouse and trade the required financial disclosures so the court can rule on property and support.
Plan for the mandatory timing rule
After filing days after startingNo separation period when both spouses agree the marriage is irretrievably broken; otherwise irreconcilable differences are presumed after 6 months of living separate and apart Set by 750 ILCS 5/401.
Finalize the decree
Final step days after startingOnce the waiting period runs and any parenting and support terms are resolved, the court enters the final judgment ending the marriage.
| Task | Description | Document | Days after starting |
|---|---|---|---|
| Check that the residency rule is met | Either spouse must have resided in Illinois for 90 days before the court enters a judgment of dissolution; the petition may be filed before the 90 days run. See 750 ILCS 5/401. | - | Before filing |
| State the grounds | No-fault only on irreconcilable differences; Illinois abolished fault grounds in 2016 (750 ILCS 5/401). | - | Before filing |
| Start the action: file the petition with the court | Illinois Supreme Court Commission approved statewide standardized 'Petition for Divorce with Children' (Approved 03/2025) and 'Petition for Divorce' (Approved 03/2025, no children under 18). Illinois standardized forms are identified by title rather than numeric form numbers. Filed in the Circuit Court of the county where either spouse resides. Expect a filing fee of approximately $250 to $390 depending on county (e.g., higher in Cook County); circuit-clerk schedule, re-verify. A fee waiver is available: Application for Waiver of Court Fees for petitioners below the statutory income threshold. | divorce-petition | At filing |
| Handle service and disclosure | After filing, serve the other spouse and trade the required financial disclosures so the court can rule on property and support. | - | After filing |
| Plan for the mandatory timing rule | No separation period when both spouses agree the marriage is irretrievably broken; otherwise irreconcilable differences are presumed after 6 months of living separate and apart Set by 750 ILCS 5/401. | - | After filing |
| Finalize the decree | Once the waiting period runs and any parenting and support terms are resolved, the court enters the final judgment ending the marriage. | - | Final step |
Frequently Asked Questions
Either spouse must have resided in Illinois for 90 days before the court enters a judgment of dissolution; the petition may be filed before the 90 days run. This is set by 750 ILCS 5/401.
No-fault only on irreconcilable differences; Illinois abolished fault grounds in 2016. The governing statute is 750 ILCS 5/401.
Illinois uses equitable distribution (a fair, not automatically equal, split). Equitable distribution: the court divides marital property in 'just proportions' considering each spouse's contribution, the value of property assigned, the marriage duration, and economic circumstances; non-marital property is assigned to its owner. See 750 ILCS 5/503.
approximately $250 to $390 depending on county (e.g., higher in Cook County); circuit-clerk schedule, re-verify Application for Waiver of Court Fees for petitioners below the statutory income threshold
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