Illinois Divorce Laws and Forms (2026)

Where and how to file in Illinois

Who can file (residency): At least one spouse must have lived in Illinois for 90 days. You can file before the 90 days are up, but the judge can't grant the divorce until the 90th day. You usually file in the county where either spouse lives.
Waiting period: No fixed waiting period after filing (beyond the 90-day residency). If you have lived apart for at least 6 months in a row right before the judgment, the law treats irreconcilable differences as proven (an 'irrebuttable presumption'). Uncontested divorces often take about 6 months; contested ones can take much longer.
Court: Circuit Court in the county where you or your spouse live
Official forms: Divorce forms (Illinois courts)
Court self-help: Divorce self-help (Illinois courts)
Filing fee: Check with your court
If you can't afford the fee: File the statewide Application for Waiver of Court Fees (civil): https://www.illinoiscourts.gov/forms/approved-forms/forms-approved-forms-circuit-court/fee-waiver-civil
Simpler process for agreed cases: Joint simplified divorce: married 8 years or less, no children together and no pregnancy, both agree, each earns $30,000 or less ($60,000 combined), no real estate, marital property under $50,000 after debts, retirement accounts under $10,000 combined, and both waive maintenance. Both spouses attend one hearing (750 ILCS 5/451-457).
E-filing: Yes. Most filers, including self-represented people, must e-file (Odyssey eFileIL) unless exempt, for example because of a disability or no reliable internet access; see https://www.illinoiscourts.gov/self-help/how-to-e-file/ and the Supreme Court instructions.
Law: 750 ILCS 5/401(a) · 750 ILCS 5/401(a-5)

Divorce in Illinois, step by step

Check that you can file in Illinois
At least one spouse must have lived in Illinois for 90 days.
Get the official forms
Use the court's official divorce forms: Divorce forms (Illinois courts) Joint simplified divorce: married 8 years or less, no children together and no pregnancy, both agree, each earns $30,000 or less ($60,000 combined), no real estate, marital property under $50,000 after debts, retirement accounts under $10,000 combined, and both waive maintenance.
File the papers and pay the fee, or ask for a waiver
File with the Circuit Court in the county where you or your spouse live. Can't afford it? File the statewide Application for Waiver of Court Fees (civil): https://www.illinoiscourts.gov/forms/approved-forms/forms-approved-forms-circuit-court/fee-waiver-civil.
Serve your spouse
Your spouse must be formally notified: served with the summons and petition by the sheriff or a special process server, or your spouse can file an Appearance and waive service.
Your spouse responds
If you were served, you have 30 days to file an Appearance and an Answer or Response; after that the spouse who filed can ask for a default (Illinois Supreme Court divorce instructions). The summons states the deadline. If your spouse doesn't respond in time, you can usually ask for a default judgment.
Wait out the waiting period
No fixed waiting period after filing (beyond the 90-day residency).
Agree, or go to mediation or a hearing
Judges may order mediation, and many circuits require mediation of contested parenting issues (Ill. S. Ct. Rule 905). If you agree on everything, you can usually submit a signed agreement. If not, the judge decides the issues you can't settle.
Get the final decree
The judge signs the final decree (judgment), which ends the marriage. Get a certified copy and keep it. Name change: Yes. Unless you ask otherwise, the divorce judgment includes a line allowing you to go back to your former or maiden name whenever you choose (750 ILCS 5/413(c)).

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Divorce timeline estimator for Illinois

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Grounds for divorce in Illinois

No-fault ground: irreconcilable differences
Fault grounds: Not available: no-fault only
Law: 750 ILCS 5/401(a)

Property and debts in Illinois

System: Equitable distribution
The rule: Each spouse keeps their non-marital property (for example, what they owned before marriage or got by gift or inheritance). Marital property and debts are divided in 'just proportions', which is fair but not always 50/50. Marital misconduct isn't considered.
Law: 750 ILCS 5/503

Alimony (spousal support) in Illinois

Called maintenance. If combined income is under $500,000 and the payer has no prior support orders, guidelines apply: 33 1/3% of the payer's net income minus 25% of the receiver's net income, capped so the receiver doesn't end up with more than 40% of combined net income. Length = length of marriage times a factor (0.20 for under 5 years, rising to 0.80 for 19-20 years; 20+ years can be for the length of the marriage or indefinite). Judges may deviate with reasons. Misconduct isn't considered. 750 ILCS 5/504.

Children: custody and support in Illinois

What Illinois calls custody: allocation of parental responsibilities (decision-making and parenting time)
Parenting class: Yes. Parents with minor children must complete a court-approved class about parenting and divorce; ask the circuit clerk which class. There's normally a fee unless you have an Order for Waiver of Court Fees (Illinois Supreme Court divorce-with-children instructions).
Child support calculator: Official child support calculator or guidelines
Child support agency: Illinois Department of Healthcare and Family Services, Division of Child Support Services

Serving your spouse in Illinois

How your spouse gets the papers: Your spouse must be formally notified: served with the summons and petition by the sheriff or a special process server, or your spouse can file an Appearance and waive service. If your spouse can't be found, the court may allow notice by publication.
Time to respond: If you were served, you have 30 days to file an Appearance and an Answer or Response; after that the spouse who filed can ask for a default (Illinois Supreme Court divorce instructions).
Law: 735 ILCS 5/2-203; Ill. S. Ct. Rule 101(d)

Going back to a former name in Illinois

Yes. Unless you ask otherwise, the divorce judgment includes a line allowing you to go back to your former or maiden name whenever you choose (750 ILCS 5/413(c)). Any other new name needs a separate name-change case.

Mediation in Illinois

Judges may order mediation, and many circuits require mediation of contested parenting issues (Ill. S. Ct. Rule 905). Spouses usually pay the mediator.

Free help in Illinois

Good to know in Illinois

Illinois has a statewide maintenance (alimony) formula for couples with combined income under $500,000 (750 ILCS 5/504).
E-filing is mandatory for most civil filers in Illinois, including self-represented people, unless exempt (Illinois Legal Aid Online).

Divorce checklist for Illinois

Answer a few questions to get a checklist for your state: documents to gather, the official forms, the fee or fee waiver, serving your spouse, children and the final steps. Print it or download it. Nothing you type is sent anywhere.

Questions about divorce in Illinois

How long do you have to live in Illinois to file for divorce?

At least one spouse must have lived in Illinois for 90 days. You can file before the 90 days are up, but the judge can't grant the divorce until the 90th day. You usually file in the county where either spouse lives.

How long does a divorce take in Illinois?

No fixed waiting period after filing (beyond the 90-day residency). If you have lived apart for at least 6 months in a row right before the judgment, the law treats irreconcilable differences as proven (an 'irrebuttable presumption'). Uncontested divorces often take about 6 months; contested ones can take much longer.

What are the grounds for divorce in Illinois?

Illinois's no-fault ground is irreconcilable differences. Illinois has no fault grounds.

Is Illinois a community property state?

No. Illinois uses equitable distribution. Each spouse keeps their non-marital property (for example, what they owned before marriage or got by gift or inheritance). Marital property and debts are divided in 'just proportions', which is fair but not always 50/50. Marital misconduct isn't considered.

Can I get the divorce filing fee waived in Illinois?

File the statewide Application for Waiver of Court Fees (civil): https://www.illinoiscourts.gov/forms/approved-forms/forms-approved-forms-circuit-court/fee-waiver-civil

Is there a simpler divorce process in Illinois?

Joint simplified divorce: married 8 years or less, no children together and no pregnancy, both agree, each earns $30,000 or less ($60,000 combined), no real estate, marital property under $50,000 after debts, retirement accounts under $10,000 combined, and both waive maintenance. Both spouses attend one hearing (750 ILCS 5/451-457).

How long does my spouse have to respond in Illinois?

If you were served, you have 30 days to file an Appearance and an Answer or Response; after that the spouse who filed can ask for a default (Illinois Supreme Court divorce instructions).

Can I change my name back in a divorce in Illinois?

Yes. Unless you ask otherwise, the divorce judgment includes a line allowing you to go back to your former or maiden name whenever you choose (750 ILCS 5/413(c)). Any other new name needs a separate name-change case.

Is mediation required in a divorce in Illinois?

Judges may order mediation, and many circuits require mediation of contested parenting issues (Ill. S. Ct. Rule 905). Spouses usually pay the mediator.

Do divorcing parents have to take a class in Illinois?

Yes. Parents with minor children must complete a court-approved class about parenting and divorce; ask the circuit clerk which class. There's normally a fee unless you have an Order for Waiver of Court Fees (Illinois Supreme Court divorce-with-children instructions).

How does alimony work in Illinois?

Called maintenance. If combined income is under $500,000 and the payer has no prior support orders, guidelines apply: 33 1/3% of the payer's net income minus 25% of the receiver's net income, capped so the receiver doesn't end up with more than 40% of combined net income. Length = length of marriage times a factor (0.20 for under 5 years, rising to 0.80 for 19-20 years; 20+ years can be for the length of the marriage or indefinite). Judges may deviate with reasons. Misconduct isn't considered. 750 ILCS 5/504.

Sources

Last checked: Oct 24, 2026.

Illinois divorce laws

Where and how to file in Illinois

Divorce in Illinois, step by step

Check that you can file in Illinois

Get the official forms

File the papers and pay the fee, or ask for a waiver

Serve your spouse

Your spouse responds

Wait out the waiting period

Agree, or go to mediation or a hearing

Get the final decree