How to File for Divorce in Illinois: Step-by-Step Process

Filing for divorce in Illinois means navigating the Odyssey e-filing system, meeting a 90-day residency requirement, and completing a prove-up hearing — none of which the free court forms explain. Here is the exact sequence.

Step 1: Confirm Residency and Choose Your County

Under 750 ILCS 5/401(a), at least one spouse must have lived in Illinois (or been stationed here while in the military) for 90 continuous days. That 90-day clock does not need to be complete at filing — it just has to be satisfied before the judge signs the final decree.

File in the county where either you or your spouse lives. If you pick the wrong county, the other side can object and the court will dismiss the case, costing you the filing fee and weeks of delay.

Step 2: Prepare Your Filing Documents

You need three core documents to open the case:

• Petition for Dissolution of Marriage — the document that formally asks the court to end the marriage. Use the version "with children" or "without children" based on your situation.
• Summons — a court order requiring your spouse to respond within 30 days.
• Certificate of Dissolution of Marriage — a statistical form required by the Illinois Department of Public Health.

If you cannot afford the filing fee ($300 to $400 depending on county), prepare the Application for Waiver of Court Fees alongside the petition. A household income at or below 125% of the federal poverty level qualifies for a full waiver. The clerk is legally required to accept your petition the day you submit the waiver application, even before the judge rules on it.

Download all standardized forms free from the Illinois Courts website or Illinois Legal Aid Online. Never pay a service to generate forms the state provides at no charge.

Step 3: E-File Through Odyssey eFileIL

Illinois requires electronic filing for all civil cases. Create a free account on the Odyssey eFileIL portal through an Electronic Filing Service Provider.

Key technical traps to avoid:

• Upload each form as a separate PDF. Merging the petition and summons into one file triggers automatic rejection.
• In Cook County and DuPage County, enter Case Cross-Reference ID "99500" in the filing form. Leaving it blank delays processing.
• Scan any hand-signed documents in black-and-white at 200 DPI to stay under file-size limits.

Expect a filing fee of approximately $300 in most counties ($388 in Cook County, $343 in DuPage). Credit card payments add a 2.85% processing surcharge.

Step 4: Serve Your Spouse

After the clerk accepts your filing and issues the summons, you must formally serve the documents on your spouse. Illinois offers several options:

Cooperative spouse: They sign an Entry of Appearance form, waiving formal service. This skips the process server fee entirely and starts the case moving immediately.

Sheriff or private process server: A licensed private detective or the county sheriff delivers the documents in person. As of January 2025 (Public Act 103-1057), Cook County filers no longer need a court order to use a private process server — a rule change that eliminated weeks of delay caused by sheriff backlogs. A $5 Summons Service Fee applies in Cook County.

Spouse cannot be found: File a motion for alternative service. The court may authorize service by email, social media, or certified mail. As a last resort, service by publication (three consecutive weeks in a local newspaper) is available, but limits what the judge can order.

Once service is complete, your spouse has 30 days to respond.

Step 5: Exchange Financial Disclosures

Both sides must complete and exchange the standardized Financial Affidavit — a sworn summary of income, expenses, assets, and debts. This is mandatory before any financial hearing and must be accurate; courts penalize misleading disclosures.

If you have minor children, both parents must also complete a parenting education course (approximately $40 to $80 per parent) and file the certificate with the clerk before the judge will enter a final judgment.

Step 6: Attend the Prove-Up Hearing

Once the 30-day response window passes (or your spouse files an Entry of Appearance), request a prove-up date from the clerk.

At the hearing — which many counties now allow via Zoom — you testify under oath about your residency, the date of marriage, that irreconcilable differences have caused an irretrievable breakdown, and the terms of your agreement. Bring the signed Marital Settlement Agreement, the proposed Judgment for Dissolution, and any parenting class certificates.

If the judge approves, the decree is entered that day. An uncontested case with a cooperative spouse can wrap up in as little as 2 to 4 months from filing.

What Comes Next

After the decree, request certified copies from the circuit clerk for name changes, insurance updates, and title transfers. The Illinois Divorce Filing Process Guide walks through every step from residency verification to post-decree administration, including the fillable worksheets that keep your paperwork organized from day one.

See more Illinois guides →