How do I file for divorce in Illinois?

Illinois divorce is called 'dissolution of marriage' under the Illinois Marriage and Dissolution of Marriage Act (IMDMA).

1. Residency Requirements — One spouse must have been an Illinois resident for at least 90 days before judgment is entered.

2. Grounds — Since 2016, Illinois has only one ground: irreconcilable differences. Fault grounds were eliminated.

3. Separation Presumption — Living separate and apart for 6 continuous months creates an irrebuttable presumption of irreconcilable differences. Both spouses can waive this period by written stipulation.

4. Required Forms — File a Petition for Dissolution of Marriage. Other required documents include a Summons, Confidential Information Sheet, and if children are involved, a Parenting Plan.

5. Filing Fee — Approximately $290–$390 depending on county. Fee waivers available for low-income filers.

6. Service of Process — Sheriff or special process server delivers the petition. The respondent has 30 days to file a response.

7. Property Division — Illinois is an equitable distribution state. Marital property is divided in 'just proportions' considering factors like contribution, duration, age, and health. Non-marital property remains with the original owner.

8. Joint Simplified Dissolution — Couples without children, with limited assets, married less than 8 years, may use a simpler streamlined process.

9. Final Judgment — A Judgment for Dissolution of Marriage signed by the judge ends the marriage.

This is legal information, not legal advice.