How to Start the Divorce Process in Illinois: A Step-by-Step Guide

How to Start the Divorce Process in Illinois: A Step-by-Step Guide

If you’re considering divorce in Illinois, understanding the process can provide peace of mind and help you make informed decisions. At Mitchell Highlander, LLC, we are dedicated to guiding individuals and families through the divorce process with clarity and compassion. Here’s what you need to know to begin the process under Illinois law.

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Step 1: Meet the Residency Requirements

Before filing for divorce in Illinois, either you or your spouse must have lived in the state for at least 90 days. If children are involved, Illinois courts also require that the children have resided in the state for at least six months for jurisdiction over custody issues.

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Step 2: Understand Grounds for Divorce

Illinois is a no-fault divorce state, meaning you do not need to prove wrongdoing by either spouse. The only ground for divorce is irreconcilable differences—essentially, that the marriage has broken down beyond repair and reconciliation is not possible.

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Step 3: File the Petition for Dissolution of Marriage

To initiate the divorce, one spouse (the “petitioner”) files a Petition for Dissolution of Marriage in the Circuit Court of the county where either spouse resides. This document outlines basic facts about the marriage and requests the court to dissolve the marriage and rule on issues like property division, child custody, and support.

You’ll need to:

• Complete the required forms (these vary slightly by county)
• File them with the court clerk
• Pay the filing fee (typically $250–$400, though a fee waiver may be available if you qualify)

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Step 4: Serve Your Spouse

The petitioner must legally serve the other spouse (the “respondent”) with the divorce papers. This is typically done through a sheriff or private process server. The respondent then has 30 days to file an appearance and respond.

If your spouse agrees to waive service, they may sign a Waiver of Service form instead.

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Step 5: Attend Mediation (if Required)

In Illinois, mediation is required when there is a dispute or child-related issues, such as decision-making or parenting time. Mediation can be waived by the court if there is an impediment to mediation, such as domestic violence. Mediation is a confidential and non-binding process facilitated by a neutral third party, usually an attorney, who helps both spouses reach agreements on parenting issues.

Mediation can:

• Reduce conflict
• Speed up the divorce process
• Help preserve a cooperative co-parenting relationship
• Save money compared to litigation

If mediation is successful, the agreement can be incorporated into the Parenting Plan. If not, the case proceeds to court for resolution.

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Step 6: Exchange Financial Disclosures

If there is no agreement, both spouses are required to provide full financial disclosure, including:

• Income
• Debts
• Bank accounts
• Property and other assets

This is critical for equitable distribution of property, determining spousal maintenance, and calculating child support.

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Step 7: Negotiate and Settle or Prepare for Trial

If both parties can agree on key issues—such as division of property, child custody and parenting time, child support, and spousal maintenance—you can prepare a Marital Settlement Agreement and, if applicable, a Parenting Plan.

These documents are filed with the court and typically approved at a prove-up hearing—a short court appearance to finalize the divorce.

If you cannot reach an agreement, your case will proceed through discovery, pretrial conferences, and ultimately a trial, where a judge will make the final decisions.

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Step 8: Final Judgment of Dissolution of Marriage

Once all issues are resolved, the judge will enter a Judgment of Dissolution of Marriage, which legally ends the marriage. The judgment includes all orders about property division, support, and parenting.

Additional Tips

• Work with an experienced attorney: Divorce involves many legal and financial complexities. An experienced Illinois family law attorney ensures your rights are protected.
• Consider mediation: Many courts encourage or require mediation for parenting issues. It’s often faster and less costly than litigation.
• Protect your children’s interests: Courts prioritize the best interest of the child when determining parenting responsibilities and time.