How to File for Divorce in Illinois Without a Lawyer
Complete step-by-step guide to filing for divorce in Illinois without an attorney. Save thousands in legal fees.
Overview: Filing for Divorce in Illinois Without a Lawyer
Illinois is a no-fault divorce state requiring irreconcilable differences as grounds. The state requires 90 days residency and typically 6 months separation (though this can be waived). DIY divorce is achievable for agreed cases.
Can You File Without a Lawyer in Illinois?
✓ Good Candidates for DIY Divorce:
- Both agree on divorce
- Agreement on all terms
- Can demonstrate irreconcilable differences
- No disputes over property or support
- Willing to work together
⚠ Consider Hiring a Lawyer If:
- Child custody disputes
- Complex property division
- Significant retirement assets
- Business valuation needed
- Spouse contests divorce
Step-by-Step: How to File for Divorce in Illinois
Meet 90-Day Residency
You or your spouse must have lived in Illinois for 90 days before filing.
- Keep IL driver's license
- Utility bills as proof
Prepare Petition for Dissolution
Complete Petition for Dissolution of Marriage form.
- Available from county circuit court website
- Must allege irreconcilable differences
File with Circuit Court
File petition with circuit court clerk in your county.
- Filing fee: $300-400
- Varies by county
- E-filing available in most counties
Serve Your Spouse
Have sheriff or process server serve petition on spouse.
- Sheriff service $50-75
- Spouse can waive service
- Keep proof of service
Complete Financial Disclosures
Both parties complete financial affidavits and exchange information.
- Must disclose all income, assets, debts
- Exchange tax returns
- Full transparency required
Draft Settlement Agreement
Create comprehensive marital settlement agreement.
- Address all property division
- Include debt allocation
- Specify maintenance if any
- Child-related provisions if applicable
Attend Final Hearing
Appear before judge for prove-up hearing.
- Both parties must attend
- Bring all original documents
- Judge will ask questions
- Usually brief and routine
Receive Judgment
Court enters Judgment for Dissolution of Marriage.
- Request certified copies
- Judgment is effective immediately
Required Forms for Illinois Divorce
Petition for Dissolution of Marriage (Varies by county)
RequiredSummons (Varies by county)
RequiredFinancial Affidavit (Varies by county)
RequiredMarital Settlement Agreement (Custom)
RequiredNote: Always use the most current forms from your state's court website. Forms may be updated periodically.
Cost Breakdown for Illinois DIY Divorce
💰 DIY Divorce
- Filing fee: $300-400
- Service fee: $50-100
- Misc costs: $25-$100
👔 With Attorney
Includes attorney fees, court costs, and filing fees for uncontested to contested cases
For detailed cost breakdown including attorney fees and scenarios: View Illinois Divorce Costs →
Common Pitfalls to Avoid
Not meeting separation requirement (can be waived)
Incomplete financial disclosures
Not addressing all marital property
Missing maintenance calculations if applicable
Frequently Asked Questions About Illinois DIY Divorce
Do I need to be separated for 6 months in Illinois?
Illinois law requires 6 months separation, but both parties can waive this requirement by agreeing in the settlement. Most uncontested divorces waive the separation period.
How much does it cost to file for divorce in Illinois?
Filing fees in Illinois range from $300-400 depending on the county. Cook County (Chicago) charges approximately $400. Total DIY costs run $350-500.
Does Illinois require a hearing for uncontested divorce?
Yes, Illinois requires a brief 'prove-up' hearing where both parties appear before a judge to confirm the agreement and grounds for divorce. This typically takes 30-60 minutes.
Need Professional Help?
While DIY divorce can save money in Illinois, consulting with an attorney can help you understand your rights and avoid costly mistakes.