How to File for Divorce in Illinois

Filing for divorce in Illinois is a process that requires consulting a divorce attorney, filing paperwork and attending a court hearing. These steps are usually needed no matter what the circumstances surrounding the divorce.

Divorce is a challenging time for everyone involved. Whether you’re the spouse filing the petition or you need to respond to divorce papers, learning how to file for divorce in Illinois can help make your journey easier. Discover the path you’ll need to take, so you can be prepared for your next steps.

Before you can get a divorce in Illinois, you need to make sure you’re eligible. The good news is that Illinois divorce laws are relatively permissive.

Residency requirements

In order to file for dissolution of marriage in Illinois, either you or your spouse must be a resident of Illinois for at least 90 days. It also counts if one spouse is in the armed services and has been stationed in Illinois for 90 days.

Grounds for divorce

Grounds for divorce are legally recognized reasons to get a divorce. Illinois is a true no-fault divorce state, which means one spouse is not required to prove the other spouse caused the breakup of the marriage. As of 2016, the only grounds you need for divorce in Illinois is to state “irreconcilable differences have caused the irretrievable breakdown of the marriage.” The requirements that the parties need to have been living apart for a certain amount of time were also removed.

Contested vs. uncontested divorce in IL

There are several ways to file for a Certificate of Dissolution of Marriage in Illinois, depending on your situation: contested vs. uncontested divorce, as well as a simplified divorce procedure.

Contested divorce

If the spouses disagree on major issues like division of marital property, custody of minor children, child support, or spousal support, it’s a contested divorce. Contested divorces are a longer and more complex process. Most contested divorces can be settled through mediation and negotiation, but if you can’t reach an agreement, you’ll go to trial, and the circuit court will decide.

Uncontested divorce

When the spouses agree on the major issues and are open to filing for dissolution of marriage together, the divorce is uncontested. The most simple uncontested divorce in Illinois is called Joint Simplified Dissolution. You and your spouse can file a Joint Petition for Simplified Dissolution of Marriage if:

• No spousal support (alimony) will be paid
• There are no minor children, and the wife is not pregnant
• You have not been married for more than eight years
• Neither of you have any real property (a house or land)
• The total fair market value of all marital property is less than $50,000
• The combined annual income of you and your spouse is less than $60,000
• Neither of you earn more than $30,000 annually
• You both disclosed your assets, liabilities, and tax returns for the years you were married
• You and your spouse have a written agreement dividing all of your property worth more than $100 and assigning responsibility for marital debts

 If you don’t meet the requirements for Joint Simplified Dissolution, but you and your spouse are in agreement on all matters, you may still file an uncontested divorce using the standard procedure.

How to get a divorce in Illinois in 7 steps

Most divorce cases in Illinois follow a similar process. Even a Joint Simplified Dissolution of Marriage will have to file paperwork and attend a hearing.

Consult a divorce attorney

You’re not legally required to have an attorney to get a divorce in Illinois, but it’s usually smart to hire one. Even if you’re filing for divorce online, an attorney can help you accurately fill out the paperwork and make the process as seamless as possible. For a contested divorce, an attorney is even more essential because they’ll represent your interests during negotiations.

Prepare your Illinois divorce papers

Begin by preparing either a Petition for Simplified Dissolution of Marriage or a Petition for Dissolution of Marriage. For a simplified divorce procedure, you’ll also need a marital settlement agreement outlining the division of assets. If you have children, but your divorce is uncontested, you can also submit a joint parenting plan at this time.

If your divorce is contested and you’re asking for custody of minor children, you’ll need to file a Petition for Allocation of Parental Responsibilities. In most cases, you’ll also need to file a summons to let the other party know about the proceedings.

File the petition

Once your forms are ready, you’ll file them with the circuit court in the county where either you or your spouse lives. In Illinois, you can e-file your Petition for Dissolution of Marriage or Civil Union through an approved electronic service provider. Some counties may require e-filing, and the filing fee will also vary by county, so check with your local court. After filing, the court will assign a case number and set the stage for the next steps in your divorce process.

Serve the divorce papers

In most cases, you’ll need to serve the divorce papers to your spouse, which means officially deliver them. For the simplified procedure, the other spouse can fill out a Waiver & Consent form to avoid this part of the divorce process.

To serve papers, have the sheriff in your spouse’s county serve them the papers, or use a private divorce process server. If you don’t know where your spouse lives, the judge can allow service by publication in a local newspaper, email, text, or even messaging their social media account.

Complete your financial affidavit and parenting plan

All parties in an Illinois divorce need to file a financial affidavit. For a joint simplified dissolution, you’ll do this before you even file your Petition for Simplified Dissolution of Marriage. For a standard divorce in Illinois, you’ll fill this out before the negotiation process begins. In addition, if there are children involved and you haven’t yet submitted a parenting plan because the divorce is contested, Illinois law requires both parents to do so within 120 days after service. You can do this jointly, or each parent can submit their own proposal.

Negotiate and settle

In contested divorces, the parties will attempt to resolve their disagreements through mediation. Your attorney will also negotiate on your behalf. Once you reach an agreement, you’ll request a prove-up hearing (your final court date), and a court date will be set where a judge will approve or deny the terms of the settlement. If you don’t reach an agreement, your case will go to trial. On the other hand, an uncontested divorce will skip this step altogether and go right to the court date.

Attend your court hearing and receive the final judgment

Attend your hearing on your set court date. Bring all of your documentation including your original petition, parenting plan, and marital agreement. The judge will make sure that all of your paperwork is in order, perhaps ask you a few questions, and enter your divorce judgment. If your case goes to trial, they’ll issue the divorce judgment after all evidence has been heard.

How much does it cost to file for divorce in Illinois?

The cost of a divorce in Illinois ranges between $4,000 and $10,000, depending on how many disagreements need to be resolved. However, divorce cases that go to trial can cost from $13,000 up to $23,000 for very complex cases as attorney’s fees add up.

You’ll also have to pay a filing fee and may have to pay fees for serving papers, responding to petitions, mediation, and required parenting classes. These fees vary by county. You might also be eligible for a fee waiver for the filing fee and all court costs. Contact your county clerk’s office about fees and waivers.

Property division in IL

A divorce involves dividing property and financial obligations between you and your spouse. Generally, you will be able to keep your non-marital property, which is property you acquired before marriage, after a legal separation, by gift or inheritance, or in exchange for other non-marital property. Property excluded by a valid written agreement, like a prenuptial agreement, is also non-marital property.

Any other property acquired during the marriage is considered marital property and will be divided after consideration of the following factors:

• How each party contributed to accumulating or “dissipating” (essentially, spending) the property
• The value of non-marital property
• The duration of the marriage
• The economic circumstances of the parties
• Any prior marriage obligations
• Any prenuptial agreements
• The status of any joint bank accounts
• Each party’s age, health, income, employability, liabilities, and needs
• Each party’s potential future ability to make income
• Child custody and alimony agreements
• Tax consequences

Alimony in Illinois

Alimony in Illinois, also called maintenance, is when one spouse is ordered to pay financial support to the other spouse, either permanently or temporarily. The judge will first determine if maintenance is appropriate after considering the following factors:

• The duration of the marriage
• The standard of living established during the marriage
• Each party’s age, and physical and emotional condition
• Each party’s income, property, financial obligations, and needs
• Each party’s future earning capacity
• Whether one spouse contributed to the other’s education or career at their own expense
• How long the party seeking maintenance will need to become self-supporting (or if child custody obligations prevent them from seeking employment)
• Tax consequences

If the court grants maintenance, the amount will typically be calculated according to Illinois law and statutory guidelines, which can be found in Illinois Statutes 750 ILCS 5/504. If your combined gross income is more than $500,000, the judge may have more discretion. The length of time maintenance will be paid depends on the length of the marriage. 

If maintenance is ordered, the amount will be calculated by subtracting 20% of the payee’s gross income from 30% of the payor’s gross income. However, the amount calculated, when added to the payee’s income, may not exceed 40% of their combined income. The duration of maintenance will be determined by the length of the marriage: For a marriage of up to five years, the duration will be 20% of the number of years the parties were married; 40% for five to 10 years; 60% for 10 to 15 years, and 80% for 15 to 20 years. If you were married for more than 20 years, the judge must order maintenance for either the number of years of the marriage or permanently.

An experienced Illinois divorce attorney can help you understand how much alimony you might be entitled to (or have to pay).

Child custody and support in IL

The 2016 changes to Illinois law also made some updates to child custody and support proceedings. The courts now assign “parental responsibility” instead of “custody” and “parenting time” instead of “visitation.” However, the process still determines how the children’s time will be divided between the parents and how decisions will be made.

If you and your spouse cannot agree on parental responsibility and parenting time, the judge will make a decision about what’s in the best interest of the child after considering the following factors:

• The wishes of the child and the parents
• The relationship of the child to the parents, siblings, or other significant persons
• The child’s adjustment to home, school, and community
• The mental and physical health of the parties and child
• Any physical threat to the child, abuse, domestic violence, or sex offense
• Whether each parent will encourage contact between the other parent and the child
• The terms of any military family-care plan  

If the court grants child support, it’s determined by reference to the Illinois child support schedule. The court will essentially determine the combined monthly income of both parents, match it to the schedule, then determine which percentage of that amount each parent is responsible for. A divorce attorney will know about how to get a divorce in Illinois when there are children involved and can provide guidance.

Ready to put your divorce behind you? Learn more about how to file for divorce in Illinois with our online divorce service. We can help you prepare and file your paperwork, change your name, and move on with your life quickly and smoothly.

FAQs

How long does a divorce take in Illinois?

A divorce in Illinois can take anywhere from a couple of months to a couple of years. The amount of time it takes depends on whether the divorce is contested or uncontested, and how much you and the other party disagree.

How can I file for divorce in Illinois for free?

If you can’t afford the filing fees and court costs, you can apply for a waiver with your local circuit court. You can also typically find the forms you need online for free. For example, you can go to your local court’s website or use Illinois Legal Aid online services. You can also learn more about how to file for divorce in Illinois for free and avoid attorney’s fees on the Illinois Legal Aid website.

How do I change my name after divorce in Illinois?

To change your name after a divorce in Illinois, simply include the request in your Petition for Dissolution of Marriage or Civil Union. The judge will then include the name change in the final divorce judgment.

Can I file for divorce online in Illinois?

Yes, you can file the paperwork for all types of divorce online. However, contested divorces will require in-person mediation and negotiation. You’ll also have to attend a hearing to finalize your divorce judgment, no matter what type of divorce you get.

Edward A. Haman, Esq. contributed to this article.