Illinois Divorce Cost, Filing Fees & Process
Researched by the LawLintel Data Team · Sources verified 2026-08-24
- Filing fee
- $200–$400county-set — Cook County: $388 (respondent appearance $250)
- Waiting period
- None6 months' separation creates an irrebuttable presumption of irreconcilable differences; not required if both agree
- Residency requirement
- 90 days in Illinois
- Where to file
- Circuit Court
Illinois divorce ('dissolution of marriage') is filed in the circuit court, with fees set county by county — roughly $200–$400. Cook County charges petitioners $388, and a responding spouse pays a $250 appearance fee. Statewide fee-waiver forms exist for filers who can't afford it.
Illinois is a pure no-fault state — irreconcilable differences is the only ground — and its residency requirement is one of the shortest: 90 days. There is no separate post-filing waiting period; living separate and apart for six months creates an irrebuttable presumption that the marriage has broken down, and even that is unnecessary when both spouses agree.
Costs & fees
| Item | Amount | Type |
|---|---|---|
| Petition filing feeCook County: $388 | $200–$400 (by county) | Official fee |
| Respondent appearance feeCook County: $250 | $150–$250 (by county) | Official fee |
| Service by sheriff | $60–$100 | Estimate |
| Parenting class (with minor children)required in most circuits | $0–$50 | Estimate |
| Contested — attorney representation | $5,000–$25,000+ | Estimate |
Fees are set per county under statutory schedules — check your circuit clerk. Estimates are market figures.
Requirements
| Requirement | Rule |
|---|---|
| Residency | One spouse must have lived in Illinois at least 90 days (750 ILCS 5/401) |
| Grounds | No-fault only — irreconcilable differences |
| Separation | 6 months' separation = irrebuttable presumption; no separation needed if both parties agree |
| Fee waiver | Application for Waiver of Court Fees (statewide form, 735 ILCS 5/5-105) |
The process, step by step
- File the petition. File the Petition for Dissolution of Marriage (statewide standardized forms) with the circuit clerk; pay the county fee or file the fee-waiver application.
- Serve your spouse. Sheriff or special process server; the respondent files an appearance (and pays the appearance fee).
- Financial disclosure. Exchange financial affidavits; counties like Cook require a standardized financial affidavit form.
- Agree or litigate. Uncontested cases proceed to a prove-up hearing with a marital settlement agreement (and parenting plan if children).
- Judgment. The judge enters the Judgment of Dissolution of Marriage — same-day at prove-up in many uncontested cases.
Forms & where to file
Circuit Court of the county where either spouse resides (file with the Circuit Clerk).
Frequently asked questions
How much does an Illinois divorce cost to file?
County-set fees of roughly $200–$400 — Cook County charges $388 for the petition and $250 for the respondent's appearance. Statewide fee-waiver forms are available.
Is there a waiting period in Illinois?
No fixed post-filing waiting period. Six months of living separate and apart creates an irrebuttable presumption of irreconcilable differences, but couples who both agree can proceed without any separation period.
How long must I live in Illinois before filing?
90 days — among the shortest residency requirements of any large state.
Does Illinois have fault-based divorce?
No. Since 2016 the only ground is irreconcilable differences.
Related information
Sources & verification
- Cook County Circuit Clerk — Domestic Relations fee schedule (CCDR0703)
- Illinois Legal Aid Online — Divorce FAQ (750 ILCS 5/401)
- Illinois Courts — standardized divorce forms
Official fees and statutory rules above are traceable to the listed authorities; figures marked as estimates are LawLintel editorial estimates, not government fees. Laws and fees change — last verified 2026-08-24. See our methodology and legal disclaimer.
LawLintel provides general legal information, not legal advice. Laws, rules, procedures and fees change and can depend on your specific facts and county. Verify important information with the applicable court or a qualified attorney before acting.