Minimum period or timing rule
No fixed finalization date is given. Proof of irretrievable breakdown, service, disputes and the prove-up hearing schedule are evaluated separately.
Prepare for a divorce case in Illinois.
This page organizes the recorded statewide starting rules and official sources for Illinois. Court location, local forms, fees, service, deadlines and individual eligibility still require confirmation before filing.
Source record reviewed: 2026-10-29 · Page updated: 2026-11-03 · Not attorney-certified legal advice
STATE SNAPSHOT
Timing and financial issues need separate review.
Classification and division
The Financial Affidavit and its attachments disclose property, debts, bank accounts, retirement interests and income; division is considered separately.
Guidance and official links
Divorce Filing Path provides an intake roadmap and source links for this jurisdiction. Selected official PDF drafting is not currently offered for this state; do not purchase expecting state-form generation.
PREPARATION ROADMAP
Use this order before filing.
- 01
Confirm residence and filing eligibility
One spouse must have at least 90 days of Illinois residence or military stationing before filing or before final judgment; jurisdiction over children is reviewed separately. Record actual dates and do not combine two people’s residence periods unless the controlling rule expressly allows it.
- 02
Identify the correct court and county
Use the official statewide source to locate the trial court or clerk. Confirm venue, the family-law filing location, accepted filing method, current fee and required local packet.
- 03
Select the procedure that matches the facts
Check whether the state distinguishes regular, joint, simplified, summary, contested or uncontested procedures. Agreement alone does not prove eligibility for a shorter procedure.
- 04
Collect the facts requested by the forms
Prepare legal names, marriage and separation dates, residence history, children’s information, income, expenses, assets, debts, requested relief and existing orders.
- 05
Prepare opening documents without inventing events
Complete only facts you know. Leave clerk, court, signature, notarization, service and later-event fields for the correct person and stage.
- 06
File and complete valid notice
A draft or download is not a filed case. Follow the clerk’s instructions and record service or waiver only after the legally effective event occurs.
- 07
Address disclosure, children and unresolved issues
Use current financial, child-jurisdiction, parenting and support documents. Settlement terms should match the procedure and be reviewed before rights are waived.
- 08
Obtain and review the final judgment
A waiting or separation period does not itself end a marriage. Confirm entry and the effective date from the court’s signed or entered order.
RESIDENCE CHECK
Which spouse already has 90 days of Illinois residence or qualifying military stationing, or will satisfy that period before final judgment?
The statute permits the 90 days to be satisfied before filing or before the final finding. Do not treat a current shortfall as an automatic ban on starting the case. Child-related jurisdiction is separate.
This intake question helps organize facts; it does not decide domicile, jurisdiction or venue for an individual case.
IMPORTANT STATE NOTES
Questions to verify before relying on a packet
- Official statewide forms must be accepted by all Illinois courts; local procedures must be checked separately.
- Adult children who need educational or disability-related support may fall outside the simple packet for cases without children.
- In cases with children, collect a parenting plan and additional information concerning the children.
OFFICIAL FORM STARTING POINTS
Forms and packets identified in the current review
Open the official page and read the current instructions. A listed document may be conditional or require local additions.
Petition for Divorce — with/without children; Financial Affidavit
Official statewide opening and financial-disclosure documents.
Open official starting point ↗Parenting Plan; Other Information about Children
The children’s care schedule, decision-making authority and other jurisdictional information.
Open official starting point ↗PRIMARY SOURCES
Verify with the official source
Rules, forms, fees and local procedures can change. These links are the controlling starting points; the explanations on this site are preparation guidance, not a substitute for the current source.
- Illinois Courts — Approved Divorce, Child Support and Maintenance Forms ↗Official or recorded public starting source
- 17th Judicial Circuit — Divorce Overview ↗Official or recorded public starting source
- 19th Judicial Circuit — Dissolution of Marriage ↗Official or recorded public starting source
- Illinois General Assembly — indexed 750 ILCS 5/104 ↗Official or recorded public starting source
- Illinois General Assembly — current indexed 750 ILCS 5/401 ↗Official or recorded public starting source