Family Law Resources

Filing for Divorce in Illinois

Residency Requirements

At least one spouse must have been a resident of Illinois for 90 days before filing.

Grounds for Divorce

Illinois is a pure no-fault state. The only ground is irreconcilable differences. Living separate and apart for 6 months creates a presumption that differences are irreconcilable.

Step-by-Step Process

1. Complete the Petition for Dissolution of Marriage


2. File with the Circuit Court in your county


3. Pay filing fee: Approximately $300-$400


4. Serve your spouse: Personal service or special process server


5. Spouse files Appearance and Response


6. Complete required disclosures


7. Attend parenting class (if children involved)


8. Negotiate or litigate


9. Judgment of Dissolution

No Waiting Period

Illinois has no mandatory waiting period. An uncontested divorce can be completed in as little as 2-4 weeks.

Illinois Circuit Courts

Illinois has 24 judicial circuits. Family law cases are heard in the Circuit Court of the county where you or your spouse resides.

Major Circuit Courts

Cook County (1st Circuit)

Chicago - Daley Center, 50 W Washington St, Chicago, IL 60602. Largest court system in Illinois.

DuPage County (18th Circuit)

Wheaton - 505 N County Farm Rd, Wheaton, IL 60187

Lake County (19th Circuit)

Waukegan - 18 N County St, Waukegan, IL 60085

Will County (12th Circuit)

Joliet - 14 W Jefferson St, Joliet, IL 60432

Kane County (16th Circuit)

St. Charles - 37W777 Route 38, St. Charles, IL 60175

Find Your Court

Use the Illinois Courts website court directory to find your circuit court: https://www.illinoiscourts.gov/courts/circuit-court/

Cook County Domestic Relations Division

Cook County has a specialized Domestic Relations Division at the Daley Center. Cases are assigned to specific judges for all matters.

Filing Fees in Illinois

Circuit Court Fees (2025)

• Petition for Dissolution: $300-$400 (varies by county)


• Appearance Fee: $200-$250


• Petition to Allocate Parental Responsibilities: $200-$300


• Motion to Modify: $50-$75

Fee Waiver

If you cannot afford fees, file an Application for Waiver of Court Fees. You may qualify if:

• You receive public assistance (SNAP, TANF, SSI, Medicaid)


• Your income is 125% or less of federal poverty guidelines


• Payment would result in hardship

Other Costs

• Service of process: $60-$100


• Parenting class: $35-$75


• Mediation: $100-$350/hour


• Guardian ad Litem: $3,000-$10,000+

Illinois Legal Aid Online

Primary resource: https://www.illinoislegalaid.org - Free legal information, DIY forms, and lawyer referrals. Available in English and Spanish.

Legal Aid Organizations

Land of Lincoln Legal Aid

Serves low-income residents in central and southern Illinois. (800) 252-8630. https://www.landinois.org

Prairie State Legal Services

Serves low-income residents in northern and central Illinois. (800) 942-4612. https://www.pslegal.org

Legal Aid Chicago

Serves Cook County low-income residents. (312) 341-1070. https://www.legalaidchicago.org

Cabrini Green Legal Aid

Serves Chicago families and individuals. (312) 738-2452. https://www.cgla.net

Self-Help Centers

Many Illinois courthouses have self-help centers with free assistance completing forms. Check your local circuit court website.

Lawyer Referral Services

Illinois State Bar Association Lawyer Finder: (800) 922-8757. https://www.isba.org/public/lawyerfinder - Initial consultation usually $25-$50.

Domestic Violence Resources

Illinois Domestic Violence Hotline: (877) 863-6338. National hotline: (800) 799-7233. Free legal help available for victims.

Income Eligibility

Most legal aid organizations serve individuals at or below 125% of federal poverty guidelines. Some programs have higher limits for specific cases.

Critical Deadlines in Illinois

Response Time

After being served, you have 30 days to file an Appearance and, if contesting, an Answer or Counter-Petition.

No Waiting Period

Illinois has no mandatory waiting period. Uncontested divorces can be finalized quickly if all requirements are met.

6-Month Separation

While not required, living separate and apart for 6 months creates an irrebuttable presumption that irreconcilable differences exist.

Parenting Class

Parents must complete a parenting education class within the time set by the court (usually 60-90 days).

Financial Disclosures

Complete financial disclosure must be provided within 60 days of filing, or as ordered by the court.

Appeals

You have 30 days from entry of judgment to file a Notice of Appeal.

Terminology: No More 'Custody'

Illinois eliminated the term 'custody' in 2016. Now uses 'allocation of parental responsibilities' (decision-making) and 'parenting time' (physical time with child).

Mandatory Parenting Education

Most Illinois counties require parents to complete a parenting education class (2-4 hours) before final orders. Cost: $50-$100. Must provide certificate of completion to court.

No Automatic Joint Decision-Making

Unlike some states, Illinois does not presume joint decision-making is always in the child's best interests. Courts evaluate each case individually.

Significant Decision-Making Categories

Illinois divides decision-making into 4 specific areas: education, health, religion, and extracurricular activities. Courts can allocate different areas to different parents.

Parenting Plan Required

All cases involving children require a detailed parenting plan addressing: decision-making allocation, parenting time schedule, dispute resolution method, right of first refusal, transportation, communication.

UCCJEA Affidavit

Must file an affidavit listing everywhere the child has lived for the past 5 years and identifying any other custody proceedings.

Notice of Intent to Move

If a parent wants to relocate more than 25 miles (within IL) or out of state, they must give 60 days written notice. Other parent has 21 days to object.

Income Withholding Orders

All child support orders include automatic income withholding. Employer deducts support from paychecks and sends to State Disbursement Unit.

Maintenance (Alimony) Guidelines

Illinois has statutory guidelines for maintenance amount and duration based on length of marriage and income difference. Applies to marriages under 20 years.

No Preference for Settlement

While most states encourage settlement, Illinois courts will evaluate agreements to ensure they meet the child's best interests - they won't rubber-stamp agreements that seem unfair to children.