Getting Divorced in Illinois: A Legal Guide

Before filing for divorce in Illinois, ensure you meet the residency requirements. Either you or your spouse must have lived in Illinois for at least 90 days before filing. Illinois is a 'no-fault' divorce state, meaning you only need to cite 'irreconcilable differences' as the reason for divorce. Understanding these basic requirements will help determine if you can proceed with a divorce in Illinois.

Collect all financial documents including bank statements, tax returns, pay stubs, retirement account statements, property deeds, vehicle titles, mortgage information, credit card statements, loan documents, and insurance policies. These documents will be essential for completing your financial disclosures and determining property division. Make copies of everything for your records.

This is the formal document that initiates the divorce process. In Illinois, it must include basic information about both spouses, marriage date, separation date, grounds for divorce (typically irreconcilable differences), and your requests regarding property division, spousal maintenance, child custody, and support. You can obtain the form from your county circuit court clerk's office or website. If you have children, additional information about them must be included.

A Summons is the official notice to your spouse that you've filed for divorce. It informs them that they must respond within 30 days or risk a default judgment. The Summons must be properly served to your spouse according to Illinois law, either by sheriff, private process server, or in some cases, certified mail. The court clerk will provide the Summons form when you file your Petition.

Take your completed Petition for Dissolution of Marriage and Summons to the Circuit Court in the county where either you or your spouse resides. You'll need to pay a filing fee (typically $300-$500, though it varies by county). If you cannot afford the fee, ask about filing an Application for Waiver of Court Fees. The clerk will assign a case number and schedule an initial status hearing.

After filing, you must legally serve the divorce papers (Petition and Summons) on your spouse. In Illinois, this is typically done by the county sheriff or a private process server. You cannot personally serve the papers. The server will complete a Proof of Service form that must be filed with the court. If your spouse agrees, they can sign a Waiver of Service form instead.

If you were served with divorce papers, you must file a Response to Petition for Dissolution within 30 days. If you filed the petition, review your spouse's response when received. The response indicates whether your spouse agrees or disagrees with the requests in your petition. If they don't respond within 30 days, you may be able to proceed with a default judgment.

Both spouses must complete a comprehensive Financial Disclosure Declaration (also called a Financial Affidavit in some counties). This sworn statement details your income, expenses, assets, and debts. Be thorough and honest—intentionally hiding assets can result in penalties. Attach supporting documentation like pay stubs, tax returns, and account statements. This document is crucial for fair property division and support determinations.

You may need to attend several preliminary hearings. The initial case management conference establishes temporary arrangements for financial support, child custody, and use of marital property during the divorce process. Be prepared to discuss these issues and bring relevant documentation. The judge may also set deadlines for discovery, mediation (if required), and future court dates.

If you have minor children, Illinois requires both parents to complete a parenting education program. The program covers the impact of divorce on children and co-parenting strategies. You'll receive a certificate of completion that must be filed with the court. Programs vary by county, so check with your local court for approved options. This must be completed before your divorce can be finalized.

If you have minor children, you must create a detailed Parenting Plan that addresses allocation of parental responsibilities (formerly called custody) and parenting time (visitation). The plan should include a regular schedule, holiday arrangements, transportation details, decision-making authority, and communication methods. Illinois courts strongly prefer that parents develop this plan together, possibly with the help of a mediator. If you cannot agree, the court will impose a plan based on the children's best interests.

Illinois uses an 'Income Shares' model for calculating child support, which considers both parents' incomes and the number of children. The Child Support Worksheet helps determine the appropriate amount according to state guidelines. You'll need accurate income information for both parents. The worksheet calculations account for parenting time, health insurance costs, childcare expenses, and other factors that may adjust the basic support obligation.

Work with your spouse (and attorneys if applicable) to create a Marital Settlement Agreement that addresses division of all marital property and debts, spousal maintenance (alimony), and any other financial matters. This document should be comprehensive, covering everything from real estate and vehicles to retirement accounts and personal property. Be specific about who gets what and how joint debts will be handled. If you cannot reach agreement, these issues will be decided by a judge at trial.

If retirement accounts will be divided, you'll need a QDRO, which is a special court order that directs a retirement plan administrator to divide the account. Each retirement plan may require specific language, so it's often advisable to have this document prepared by an attorney who specializes in QDROs. The document must be approved by both the court and the plan administrator to be effective. This process can take time, so start it early.

If your divorce is uncontested (meaning you and your spouse agree on all issues), you'll attend a 'prove-up' hearing where the judge reviews your agreements and finalizes the divorce. Bring copies of all signed agreements, financial disclosures, and completed court forms. Be prepared to answer questions about your agreements and confirm that you understand and voluntarily entered into them. Dress professionally and arrive early.

The Final Decree of Divorce (also called Judgment for Dissolution of Marriage) is the official document that legally ends your marriage and incorporates all court orders regarding property division, support, and parenting arrangements. In some counties, you may need to prepare this document in advance for the judge to sign. It should reference and incorporate your Marital Settlement Agreement and Parenting Plan. After the judge signs it, get certified copies from the court clerk.

If child support or spousal maintenance will be paid through income withholding, a Wage Withholding Order must be prepared. This document directs the paying spouse's employer to withhold support payments from their paycheck and send them to the State Disbursement Unit. In Illinois, income withholding is mandatory for child support unless both parties agree to an alternative arrangement and the court approves it.

After your divorce is finalized, update your personal records and accounts. This includes changing your name (if applicable) on your driver's license, Social Security card, passport, bank accounts, credit cards, insurance policies, and other important documents. Review and update beneficiary designations on life insurance policies and retirement accounts. Consider updating your will and other estate planning documents to reflect your new circumstances.

Execute all property transfers as outlined in your divorce decree. This may include refinancing mortgages, transferring vehicle titles, executing quitclaim deeds for real estate, or dividing investment accounts. Keep records of all transfers. For real estate transfers in Illinois, you'll need to file appropriate deeds with the county recorder's office. Some transfers may be tax-exempt under divorce provisions, but consult with a tax professional to ensure proper handling.

Understand how your divorce affects your tax filing status. Your marital status on December 31 determines your filing status for that tax year. If your divorce is final by December 31, you cannot file as married. Consider tax implications of support payments (child support is not tax-deductible or taxable; alimony tax treatment depends on when your divorce was finalized). Determine who will claim children as dependents according to your divorce decree.