Illinois Divorce Filing Fee and Fee Waiver: Complete Cost Breakdown
Illinois Divorce Filing Fee and Fee Waiver: Complete Cost Breakdown
The filing fee for a divorce in Illinois ranges from approximately $300 to $400 depending on your county. If you cannot afford it, the state offers full and partial fee waivers based on household income — and the clerk is legally required to accept your petition the day you submit the waiver application, even before the judge rules on it.
Filing Fees by County
Illinois does not have a uniform statewide filing fee. Each circuit court sets its own rate. Here are the approximate costs for high-volume counties:
- Cook County: $388
- DuPage County: $343
- Will County: approximately $337
- Lake County: approximately $334
- Kane County: approximately $334
All e-filings through Odyssey eFileIL may incur an additional credit card processing surcharge of 2.85%.
Other Costs Beyond the Filing Fee
Service of process: If your spouse signs an Entry of Appearance (waiving formal service), this costs nothing. Sheriff service runs $50 to $100; private process servers charge similar rates. In Cook County, a $5 Summons Service Fee applies regardless of service method.
Parenting education course: Required for cases with minor children. Expect $40 to $80 per parent. This fee is waived if you have an approved court fee waiver.
Court reporter fee: Some counties charge approximately $60 for a prove-up hearing transcript.
Certified copies: You will need certified copies of the final decree for name changes, insurance updates, and title transfers. These typically cost $5 to $10 per copy.
Who Qualifies for a Fee Waiver
Under 735 ILCS 5/5-105 and Supreme Court Rule 298, the court must grant a 100% full waiver if you receive any of these benefits:
- Supplemental Security Income (SSI)
- SNAP / Food Stamps
- Temporary Assistance for Needy Families (TANF)
- Aid to the Aged, Blind, and Disabled (AABD)
- General Assistance (GA)
If you do not receive public benefits, the court uses the Federal Poverty Guidelines:
| Household Income vs. FPL | Waiver |
|---|---|
| At or below 125% | 100% full waiver |
| 126% to 150% | 75% partial waiver |
| 151% to 175% | 50% partial waiver |
| 176% to 200% | 25% partial waiver |
| Above 200% | No automatic waiver (judge may grant on hardship) |
A full waiver covers the filing fee, summons issuance, and sheriff service fees.
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How to Apply
Complete the standardized Application for Waiver of Court Fees and submit it alongside your Petition for Dissolution of Marriage through the Odyssey e-filing system. Under the statute, the clerk cannot refuse to file your petition while the waiver application is pending — your case is officially opened on the day you submit.
The judge typically rules on the application within a few days. If approved, all covered fees are waived retroactively. If denied, you must pay the filing fee to continue.
Keeping Total Costs Down
The biggest cost multiplier in an Illinois divorce is not the filing fee — it is what happens when paperwork errors or procedural missteps force refilings, rescheduled hearings, or contested proceedings. Attorney-represented contested cases average $10,000 to $30,000.
The Illinois Divorce Filing Process Guide walks through the exact filing sequence, fee waiver application process, and Odyssey e-filing steps to help you avoid the rejections and delays that inflate costs.
Get Your Free Illinois — Divorce Filing Quick-Start Checklist
Download the Illinois — Divorce Filing Quick-Start Checklist — a printable guide with checklists, scripts, and action plans you can start using today.