Illinois divorce filing requires meeting a 90-day residency requirement, filing with your county's Circuit Court, and using the mandatory eFileIL system. This comprehensive checklist covers everything you need for filing for divorce in Illinois: residency rules under 750 ILCS 5/401, mandatory e-filing procedures, updated March 2025 forms, and filing fees ranging from $316 to $366 depending on your county. Whether you're just starting to understand the divorce process or ready to file, this guide provides a clear roadmap for 2025.
Illinois Divorce Residency Requirements
Before you can file for divorce in Illinois, you must meet the state's residency requirement. Under 750 ILCS 5/401(a), either you or your spouse must have been an Illinois resident for at least 90 days before filing or before the court enters judgment.
This residency requirement also applies to military members stationed in Illinois—if you're serving in the armed forces and stationed in Illinois for 90 days, you meet the requirement. Only one spouse needs to meet the residency requirement, not both. You'll file in the Circuit Court for the county where either spouse resides.
Filing in Illinois Circuit Court
All Illinois divorce cases are filed in the Circuit Court for the county where the petitioner or respondent resides. Illinois is a no-fault divorce state, meaning you don't need to prove wrongdoing. The only ground for divorce in Illinois is "irreconcilable differences" causing the irretrievable breakdown of the marriage.
Many people are confused about the 6-month separation requirement. Under 750 ILCS 5/401(a-5), living "separate and apart" for 6 continuous months creates an irrebuttable presumption that irreconcilable differences exist. However, this is NOT a mandatory waiting period—if both spouses agree that irreconcilable differences exist, you can finalize the divorce sooner without waiting 6 months.
Required Forms for Illinois Divorce Filing
Illinois provides standardized, Supreme Court-approved forms for divorce filings. The primary forms you'll need include:
- Petition for Divorce: Separate versions for cases with children and without children (updated March 2025)
- Divorce Summons: A case-type specific summons form (updated March 2025)
- Entry of Appearance: For a consenting respondent to enter the case
- Parenting Plan: Required in cases with minor children (due within 120 days after service or appearance)
- Judgment of Dissolution: The final divorce decree
- Fee Waiver Forms: If you cannot afford filing fees
All forms are available from the Illinois Courts forms library. Forms were most recently updated in March 2025 to reflect current procedures.
Mandatory E-Filing in Illinois
IMPORTANT: Illinois requires mandatory e-filing for all civil cases, including divorce, statewide since January 1, 2018. You must use the eFileIL portal (Odyssey eFileIL system) to submit your divorce documents electronically.
Limited exemptions exist for "good cause" under Illinois Supreme Court Rule 9(c)(4). Good cause exemptions may include lack of computer or internet access with travel hardship, certain disabilities, language or literacy barriers, or when the pleading involves sensitive issues like domestic violence. If you qualify, you can request an exemption from the court.
Illinois also allows remote court appearances under Rule 45. Many divorce proceedings, including prove-up hearings in uncontested cases, can be conducted remotely via Zoom or similar platforms, making the process more accessible.
Calculate Your Estimated Divorce Costs
Before filing, it's helpful to understand the full financial picture of your Illinois divorce. Use our free calculator to get a personalized estimate based on your specific situation.
Divorce Cost Calculator
Get a personalized estimate of your potential divorce costs based on your situation and location
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You've agreed how to divide property
Disclaimer: These estimates are based on national averages and research data. Actual costs may vary significantly. This calculator is for planning purposes only and does not constitute legal or financial advice. Consult with qualified professionals for personalized guidance.
Illinois Divorce Filing Fees and Costs
Under 705 ILCS 105/27.1b, Illinois sets maximum filing fee caps that vary by county. For strategies on managing these costs, see our guide to saving money on divorce:
- Filing fee (most counties): Up to $316
- Filing fee (Cook County): Up to $366
- Respondent appearance fee (most counties): Up to $191
- Respondent appearance fee (Cook County): Up to $230
Service of process costs vary. In Cook County, Sheriff service costs approximately $60 per defendant. As of January 1, 2025, Cook County allows private process servers to serve original process without first attempting sheriff service, but requires a $5 per-summons remittance fee paid through the clerk to the Sheriff's office.
If you cannot afford these fees, Illinois provides a fee waiver process. You can file an "Application for Waiver of Court Fees" form, and the court will review your financial circumstances to determine if you qualify for a full or partial waiver.
Service of Process and Response Deadlines
After filing, you must properly serve the divorce Summons and Petition on your spouse. Service can be accomplished through:
- Sheriff or county process server
- Licensed private process server (in Cook County, no prior sheriff attempt required as of 2025)
- Personal service outside Illinois (no court order required)
- Service by publication (only after diligent inquiry and court affidavit)
Under Illinois Supreme Court Rules 101(d) and 181(a), the respondent has 30 days after service (excluding the day of service) to file an Entry of Appearance and Answer or other responsive motion. If no response is filed within this deadline, the petitioner can seek a default judgment.
Frequently Asked Questions
Is there a waiting period to get divorced in Illinois? No. While living "separate and apart" for 6 months creates a legal presumption of irreconcilable differences, it's not a mandatory waiting period. If both spouses agree that the marriage has irretrievably broken down, the divorce can be finalized sooner. For a complete breakdown of expected timelines from filing to final decree, see our Illinois divorce timeline guide.
What does "separate and apart" mean in Illinois? Importantly, you can be "separate and apart" even while living under the same roof. The separation refers to the end of the marital relationship, not necessarily physical separation into different residences.
Do I need to prove my spouse did something wrong? No. Illinois is a pure no-fault divorce state. You only need to state that irreconcilable differences have caused the irretrievable breakdown of your marriage. Fault-based grounds were eliminated in 2016.
