What should you check before filing?
Under 750 ILCS 5/401(a), one spouse must have been an Illinois resident for 90 days before filing or before the court makes its findings. Residency and the proper county for filing are different questions, so review both before submitting documents. Military service, recent moves, or children living elsewhere may require additional analysis.
Illinois uses irreconcilable differences as its sole divorce ground. You do not need to prove marital misconduct to request dissolution. Gather basic marriage information, addresses, existing court orders, and a list of issues that need resolution.
Which forms and records will you need?
Start with the Illinois Courts approved divorce forms and their instructions. Select the forms that fit whether you have children together; a petition alone usually is not the entire filing packet. Ask the county circuit clerk about local submission requirements without expecting the clerk to provide legal advice.
- Collect income records, account statements, debt balances, and retirement information.
- Identify real estate, business interests, and property you believe is non-marital.
- Keep copies of submitted documents and filing confirmations.
How do filing and service work?
Filing fees vary by county; check the county circuit clerk for current amounts. If you cannot afford court costs, an application for waiver of court fees is available. A waiver request requires financial information and court approval.
Your spouse must receive notice through an authorized method unless a legally effective alternative applies. Simply sending a message or handing over papers may not satisfy service rules. If you cannot locate your spouse, ask about diligent inquiry and court-approved publication procedures before proceeding.
What happens after the case begins?
The next stage may include financial disclosures, negotiations, parenting documents, and court appearances. For parents, section 602.10 generally requires a proposed parenting plan within 120 days after service or filing an appearance; ask about extensions or exceptions that may apply.
A signed agreement is not itself a divorce judgment. The court must review the necessary evidence and enter a judgment. Before agreeing, consider tax consequences, retirement transfers, debt responsibility, and whether proposed terms are practical to carry out. This guide is educational and does not replace advice about your facts.
Frequently asked questions
+Do both spouses need to agree to file?
No. One spouse may file without the other’s consent. Disagreement can affect how issues are resolved, but it does not give either spouse a veto over divorce.
+Must we live apart for six months before filing?
Not necessarily. Six continuous months living separate and apart immediately before judgment creates an irrebuttable presumption that the irreconcilable-differences requirement is met; it is not a universal prefiling waiting period.
+Can I use statewide forms without a lawyer?
You may represent yourself, but forms do not evaluate your rights or resolve unusual issues. Consider legal advice before signing final documents, especially when children or substantial assets are involved.
Sources
General information about Illinois law, not legal advice for your situation. Laws and local court practices change; confirm current requirements with the court or an attorney.