How to File for Divorce in Illinois (2026)

If you and your spouse both agree the marriage is over, you can file for an uncontested divorce in Illinois yourself, without paying a lawyer by the hour. This 2026 guide walks through every step, the Illinois-specific rules, and roughly what to expect.

Do you qualify for an uncontested divorce in Illinois?

An uncontested divorce is the right fit when you and your spouse agree on the major issues: how to divide property and debts, and (if you have children) custody and support. If you agree on those, Illinois lets you handle the whole thing with paperwork. If you don't, or there's abuse, hidden assets, or a custody fight, talk to a licensed attorney instead.

Step 1: Meet the residency requirement

Before you can file, you (or your spouse) generally need to have lived in the state for at least 90 days. This is what gives the Illinois court authority over your case, so confirm it first if you've moved recently.

Step 2: State your grounds (no-fault)

Illinois, like every state, allows a no-fault divorce. You simply state the marriage is broken; you don't have to prove either spouse did anything wrong.

Step 3: Prepare and file your petition

You file the Petition for Dissolution of Marriage with the Circuit Court in your county and pay the filing fee, about $300+ (varies by county). Illinois's official court website has the current forms. If money is tight, ask about a fee waiver.

Step 4: Notify your spouse and settle the terms

Your spouse must be formally notified (served). In an amicable case they can simply sign a waiver accepting service. You then put your agreement, property, debts, and any children, into a settlement agreement that becomes part of the final order.

Step 5: Wait out the period and finalize

Illinois generally requires no mandatory waiting period for a fully agreed case. After that, a judge reviews and signs your final decree. As an equitable-distribution state, Illinois divides marital property fairly, and honors the split you agree on.

How SimplyDivorceOnline helps in Illinois

Instead of downloading blank Illinois forms and guessing, you answer plain-English questions and we prepare the exact documents your county court accepts, plus a filing checklist, all for a flat $149.

This guide is general information, not legal advice, and rules change, always confirm current requirements with your county court or a licensed attorney. When you start with us, your forms and checklist are tailored to your state and county automatically.

Frequently asked questions

How much does a divorce cost in Illinois in 2026?

Preparing an uncontested divorce in Illinois with SimplyDivorceOnline is a flat $149, plus your county court's filing fee (about $300+ (varies by county)). That's a fraction of hiring an attorney, which commonly runs $10,000+ for a contested case.

How long does a divorce take in Illinois?

Most people finish the paperwork in a weekend. After you file, Illinois generally requires no mandatory waiting period for a fully agreed case, usually the biggest factor in your overall timeline.

Do I need a lawyer to get divorced in Illinois?

No. If you and your spouse agree on the terms, you can file an uncontested divorce in Illinois yourself using the correct court forms. A lawyer is mainly worth it if your case is contested or involves complex assets, a business, or a custody dispute.

Can I get divorced in Illinois if my spouse won't cooperate?

Yes. Illinois, like every state, allows a no-fault divorce, so your spouse cannot block it. If they don't respond after being properly served, the court can grant a default divorce.

Where do I file for divorce in Illinois?

You file with the Circuit Court in the county where you (or your spouse) live, using the Petition for Dissolution of Marriage. Your county clerk processes the case; Illinois's official court website has current forms and fees.