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

Step 1

Meet 90-Day Residency

You or your spouse must have lived in Illinois for 90 days before filing.

⏱ Estimated Time: N/A
💡 Tips:
  • Keep IL driver's license
  • Utility bills as proof
Step 2

Prepare Petition for Dissolution

Complete Petition for Dissolution of Marriage form.

⏱ Estimated Time: 2-3 hours
💡 Tips:
  • Available from county circuit court website
  • Must allege irreconcilable differences
Step 3

File with Circuit Court

File petition with circuit court clerk in your county.

⏱ Estimated Time: 1 day
💡 Tips:
  • Filing fee: $300-400
  • Varies by county
  • E-filing available in most counties
Step 4

Serve Your Spouse

Have sheriff or process server serve petition on spouse.

⏱ Estimated Time: 1-2 weeks
💡 Tips:
  • Sheriff service $50-75
  • Spouse can waive service
  • Keep proof of service
Step 5

Complete Financial Disclosures

Both parties complete financial affidavits and exchange information.

⏱ Estimated Time: 2-4 hours
💡 Tips:
  • Must disclose all income, assets, debts
  • Exchange tax returns
  • Full transparency required
Step 6

Draft Settlement Agreement

Create comprehensive marital settlement agreement.

⏱ Estimated Time: 4-8 hours
💡 Tips:
  • Address all property division
  • Include debt allocation
  • Specify maintenance if any
  • Child-related provisions if applicable
Step 7

Attend Final Hearing

Appear before judge for prove-up hearing.

⏱ Estimated Time: 30-60 minutes
💡 Tips:
  • Both parties must attend
  • Bring all original documents
  • Judge will ask questions
  • Usually brief and routine
Step 8

Receive Judgment

Court enters Judgment for Dissolution of Marriage.

⏱ Estimated Time: Immediately to 1 week
💡 Tips:
  • Request certified copies
  • Judgment is effective immediately

Required Forms for Illinois Divorce

Petition for Dissolution of Marriage (Varies by county)

Required

Summons (Varies by county)

Required

Financial Affidavit (Varies by county)

Required

Marital Settlement Agreement (Custom)

Required

Note: 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

$350-500
  • Filing fee: $300-400
  • Service fee: $50-100
  • Misc costs: $25-$100

👔 With Attorney

$4,000-25,000

Includes attorney fees, court costs, and filing fees for uncontested to contested cases

Common Pitfalls to Avoid

1

Not meeting separation requirement (can be waived)

2

Incomplete financial disclosures

3

Not addressing all marital property

4

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.