How to File for Divorce in Illinois (2026)
A complete guide to the Illinois divorce process — court filing fees, residency requirements, serving your spouse, and options for uncontested divorce.
Step-by-Step: Filing for Divorce in Illinois
Meet the residency requirements
Before you can file for divorce in Illinois, you or your spouse must have lived in the state for the required residency period (typically 6 months to 1 year). Check your county's specific requirements, as some states also have a county residency requirement.
Decide: contested vs uncontested
An uncontested divorce means you and your spouse agree on all terms — property division, child custody, support, and debt. This is significantly faster and cheaper. A contested divorce involves disagreements that a judge must resolve. For uncontested divorces, online divorce services can handle the paperwork for a few hundred dollars.
Gather financial documents
You will need documentation of all marital assets and debts: tax returns (last 2–3 years), bank and investment account statements, mortgage and loan documents, vehicle titles, retirement account statements, and a list of monthly expenses. Organizing this early prevents delays later.
Obtain and fill out divorce forms
Get the divorce petition (sometimes called "Petition for Dissolution of Marriage") from the Illinois court's website or the courthouse. Fill it out completely — incomplete forms are a common cause of delays. Many Illinois courts have self-help centers that can assist without giving legal advice.
File your petition and pay the fee
File your completed forms with the county court clerk and pay the $289 filing fee. E-filing is available in Illinois for an additional $5 fee.
If you cannot afford the fee, ask the clerk for a fee waiver form (IFP — In Forma Pauperis). Most states waive fees for those below 125–200% of the federal poverty line.
Serve your spouse
After filing, you must formally serve your spouse with a copy of the divorce petition. Illinois options typically include: sheriff service ($60), private process server ($100), or certified mail (in some cases). Keep proof of service — the court requires it. Your spouse then has a set time to respond (usually 20–30 days).
Complete required parenting class
Illinois requires divorcing parents with minor children to complete a court-approved parenting class before the divorce is finalized. Check with the court for approved providers and fees.
Finalize your divorce
Once all requirements are met and any waiting periods have passed, a judge will review your agreement or hold a final hearing. You'll receive a Final Decree of Divorce — the legal document ending your marriage. Get certified copies ($10 each) for name change, financial account updates, and your records.
Illinois note
Illinois fees vary significantly by county. Cook County (Chicago) can be notably more expensive due to local surcharges and mandatory forms.Can't afford the $289 filing fee?
File an In Forma Pauperis (IFP) application along with your petition. Most Illinois courts waive fees for filers whose income is below 125–200% of the federal poverty level. Public benefit recipients (Medicaid, SNAP, SSI) usually qualify automatically.Uncontested divorce is far cheaper
If both spouses agree on all terms, an uncontested divorce avoids contested hearing fees, multiple attorney hours, and mediation costs. Total court costs can stay under $500 — compared to $5,000–$20,000+ for a contested divorce.Illinois Divorce — Cost Summary
| Filing fee | $289 |
| E-filing fee | $5 |
| Sheriff service fee | $60 |
| Private process server | ~$100 |
| Children surcharge | None |
| Certified copy fee | $10 |
| Parenting class required | Yes (if children) |
| Est. court costs total | $349+ |
Source: Illinois Courts ↗
Frequently Asked Questions
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Also See for Illinois
File Your Illinois Divorce Online
LegalZoom handles uncontested divorces in all 50 states — they prepare every document, review for completeness, and guide you step by step. No attorney required.