Illinois Divorce: What You Need to Know

Divorce is the formal process of ending a marriage, and it is legally referred to as a dissolution of marriage in Illinois. Divorce proceedings are overseen by the Circuit Court in the county where either spouse resides, although each state has its procedure guiding the process. Understanding the steps to getting a divorce in Illinois, include knowing residency requirements, statutory waiting time, classification of divorce, the court process, county-specific filing protocol, and how to look up divorce records.

How Does Divorce Work in Illinois?

To file for divorce in Illinois, parties are required to fulfill residency requirements. It is mandatory for either one of the spouses to be a resident in Illinois for at least 90 days before filing for divorce. Moreover, if children are involved, Illinois requires a residency status of at least six months before the court may decide custody matters.

Illinois is a no-fault divorce state. The only ground recognized for divorce in the state is “irreconcilable differences,” which means both spouses have fundamental disagreements that are beyond settlement. If one spouse challenges the claim, the court may require both spouses to live apart for at least six months before granting the divorce. Illinois law no longer acknowledges a fault-based divorce. Since the state adopted no-fault divorce laws, couples seeking to dissolve their marital union may simply cite irreconcilable differences as their reason.

Illinois law does not mandate a waiting period once parties satisfy the conditions of residency and divorce papers have been served. The length of the divorce process is determined by whether the case is contested or not. An uncontested divorce may be finalized within a few months, while a contested divorce where disputes over custody, property, or alimony exist may take a year or significantly longer.

Types of Divorce in Illinois

Illinois statutes provide for various types of divorce proceedings; they include:

• Uncontested divorce: Both spouses agree on all terms of divorce, including custody, property, and financial support. These cases are quicker, incur fewer expenses, and are often resolved without trial.
• Contested divorce: When disputes arise, court hearings and trials may be used to resolve this type of divorce. In addition, they are more time-consuming and complex by nature.
• No-fault divorce: This is the only ground recognized in Illinois for a divorce; this is based on irreconcilable differences.
• Simplified dissolution: This option is available to couples who meet certain requirements. This applies to couples who have been married for fewer than eight years, who have no children, own minimal assets, and have a mutual agreement on the division of assets. This process allows for a quicker resolution and requires minimal paperwork.
• Collaborative divorce: Spouses work with attorneys to reach agreements privately, thereby eliminating the need for courtroom trials.
• Legal separation: Illinois allows couples to petition for legal separation, which establishes custody, alimony, and property distribution without dissolving the marriage.

Illinois Divorce Court Process and Forms

Divorces in Illinois are filed in the Circuit Court of the county where either spouse lives. The process begins when one spouse, the petitioner, files a Petition for Dissolution of Marriage along with other required forms such as a summons, case information sheet, and financial affidavits.

The other spouse, called the respondent, must be served with the papers, either by a sheriff, process server, or certified mail in some cases. The respondent has 30 days from the date the divorce was filed to file an answer.

Both spouses are required to submit financial disclosures, including income, assets, debts, and expenses. If children are involved, the court requires submission of a parenting plan within 120 days of service.

Illinois law requires both parents in custody cases to attend a Parenting Education Program before the divorce may be finalized. Judges commonly require mediation in cases involving custody and parenting time disputes.

If the case is uncontested, the parties may submit a written settlement agreement for court approval. If contested, the case proceeds to hearings and possibly a trial.

The divorce is finalized when the judge signs a Judgment of Dissolution of Marriage, which officially ends the marriage and sets out custody, property, support, and alimony terms.

City- and County-Level Filing Details

Divorce cases are filed at the county level in Illinois. Below are some services provided by the state’s largest counties:

• Cook County (Chicago):
  • Courthouse: Richard J. Daley Center, 50 W. Washington Street, Chicago, IL 60602.
  • Services: Individuals may electronically file documents through the website of the Cook County Circuit Court Clerk. Mediation is required in disputes involving parental time and responsibilities.
• DuPage County (Wheaton):
  • Courthouse: DuPage County Judicial Center, 505 N. County Farm Road, Wheaton, IL 60187.
  • Services: Parties are allowed to file documents electronically through the county’s Circuit Court Clerk website. Parenting classes are also required in divorce cases involving children.
• Lake County (Waukegan):
  • Courthouse: Lake County Courthouse, 18 N. County Street, Waukegan, IL 60085.
  • Services: Through the Circuit Court Clerk’s website, the public may download forms online. Mediation is often considered in child custody cases.
• Will County (Joliet):
  • Courthouse: Will County Courthouse, 100 W. Jefferson Street, Joliet, IL 60432.
  • Services: Individuals may search court records and access downloadable forms through the county’s circuit court clerk’s website. Mediation is mandatory for custody-related disputes.
• Kane County (Geneva):
  • Courthouse: Kane County Judicial Center, 37W777 Route 38, St. Charles, IL 60175.
  • Services: It offers resources and guidance for individuals navigating the court system without an attorney.

Each county may have slightly different filing procedures, so it is best to confirm requirements with the local Circuit Court Clerk.

How to Search for Divorce Records in Illinois

Divorce records in Illinois are accessible to the public; however, confidential details such as social security numbers and financial account information are redacted to protect individual privacy. Records are maintained by the Circuit Court Clerk’s Office in the county where the divorce was finalized.

The following are ways to access divorce records in Illinois:

• At the courthouse: You may request copies of divorce records directly from the clerk. Certified copies of the divorce judgment are available for a fee.
• Online: Many counties, including Cook, DuPage, and Will, allow individuals to request documents online; they also provide digital portals for accessing case-related information. Certified copies and full case records may be obtained via mail or direct courthouse visits.
• Third-party services: They are public record search sites that provide basic information about non-confidential information, such as divorce records. Alternatively, official and certified copies may only be issued by the Circuit Court in Iowa.

Divorce records typically include the names of both spouses, the date and county of divorce, and the case number. They also include the terms of custody, financial support, property division, and alimony. The Judgment of Dissolution of Marriage is the final court order that officially ends a marriage in Illinois.

Key Points

• Divorce in Illinois is called a dissolution of marriage and is filed in the Circuit Court of the county where either spouse resides.
• Residency requirements mandate one spouse to be a resident in Illinois for at least 90 days before filing for divorce.
• Illinois is a no-fault state, recognizing only irreconcilable differences as grounds for divorce.
• A six-month separation may be required if one spouse contests the grounds of irreconcilable differences.
• Parents must complete a parenting education program, and mediation is often demanded in custody dispute cases.
• Divorce records are public and available through county Circuit Court clerks, with online access offered in many counties.