To file for divorce in Cook County, you submit a Petition for Dissolution of Marriage through Illinois’s eFileIL electronic filing system and pay a $388 filing fee.1Clerk of the Circuit Court of Cook County. Domestic Relations Division Fee Schedule Before that, at least one spouse must have lived in Illinois for 90 consecutive days, and you’ll need a completed petition, a summons, and a financial affidavit ready to upload. After filing, your spouse has to be formally served, both sides exchange financial disclosures on a fixed schedule, and the court sets the case in motion from there.
Residency and Grounds Before You File
At least one spouse must have lived in Illinois for a minimum of 90 consecutive days before the case is filed.2Illinois General Assembly. Illinois Code 750 ILCS 5/401 – Dissolution of Marriage The case must be filed in the county where either spouse lives, so residing in Cook County satisfies venue.3Illinois General Assembly. Illinois Code 750 ILCS 5/104 – Venue
Illinois is a pure no-fault state. The only ground is that irreconcilable differences have caused the marriage to break down beyond repair. You don’t prove infidelity or wrongdoing. If the spouses have lived separate and apart for six continuous months before the judgment is entered, the law presumes that standard is met.2Illinois General Assembly. Illinois Code 750 ILCS 5/401 – Dissolution of Marriage Living separate and apart can happen under the same roof in some circumstances, provided the marital relationship has ended.
Standard Petition or Joint Simplified Dissolution
Most people file a standard Petition for Dissolution of Marriage. Illinois also offers a faster, shared filing called joint simplified dissolution, but the eligibility rules are narrow. To qualify, all of the following must be true:4Illinois General Assembly. Illinois Code 750 ILCS 5/452 – Joint Simplified Dissolution
- No children were born or adopted during the marriage, and the wife is not pregnant.
- The marriage lasted eight years or less.
- Total marital property, after subtracting debts, is worth less than $50,000.
- Combined gross income is under $60,000, and neither spouse individually earns more than $30,000.
- Neither spouse owns real property or retirement benefits, other than IRAs with a combined value under $10,000.
- Both spouses waive spousal maintenance.
- Both spouses have exchanged full financial information and signed a written agreement dividing property and debts.
The filing fee is the same $388 either way.1Clerk of the Circuit Court of Cook County. Domestic Relations Division Fee Schedule If any of the joint simplified requirements don’t fit, you file the standard petition.
Forms You’ll Need to Prepare
The core documents are the Petition for Dissolution of Marriage, a Summons, and a Financial Affidavit.5Circuit Court of Cook County. Court Forms for the Domestic Relations Division Cook County publishes separate versions of the petition depending on whether minor children are involved, so pick the correct one. Forms are on the Cook County Clerk of the Circuit Court website and the Illinois Courts website.
The petition asks for full legal names, current addresses, the date and place of marriage, information about any children, a description of marital property and debts, and what you’re asking the court to decide. The summons is the document that officially notifies your spouse the case exists.
The Financial Affidavit takes the longest. It captures all income sources, monthly expenses, assets such as bank accounts and real estate, and every debt including mortgages and credit cards. Pull recent pay stubs, tax returns, and bank statements before you start. What goes on this form shapes support and property decisions later, so accuracy matters.
Filing Through eFileIL
Cook County requires all filings to go through the statewide eFileIL system.6Clerk of the Circuit Court of Cook County. eFile You create an account, upload the completed forms, and pay the $388 filing fee online.1Clerk of the Circuit Court of Cook County. Domestic Relations Division Fee Schedule
If you can’t afford the fee, submit an Application for Waiver of Court Fees. All Illinois courts must accept this standardized form, and you’ll provide income and expense information so the court can decide whether you qualify.7State of Illinois Office of the Illinois Courts. Fee Waiver for Civil Cases
Self-represented filers who lack internet access, don’t have an email account, have difficulty with English, or face other barriers to electronic filing can request permission to file on paper by completing a Certification for Exemption from E-Filing that explains the situation.8State of Illinois Office of the Illinois Courts. Information for Filers Without Lawyers Simply preferring paper doesn’t qualify.
Serving Your Spouse
Once the case is filed, your spouse must receive formal notice through legal service. You cannot hand the papers to your spouse yourself. In Cook County, the two common options are the Cook County Sheriff’s Office, which charges $60 per service, and a licensed private process server, whose fees typically range from around $50 to $150 depending on how hard the person is to locate.9Cook County Sheriff’s Office. Service of Process – Summons, Subpoenas and Other Court Orders FAQs
Whoever delivers the papers files a certificate or affidavit of service with the court identifying who was served, where and when, and describing the person who received the papers.10Illinois General Assembly. Illinois Code 735 ILCS 5/2-203 – Service on Individuals The case cannot move forward until that proof is on file.
What Happens After Your Spouse Is Served
Your spouse must file an appearance with the court and respond to the petition. The appearance fee is $250, and it can be waived for financial hardship just like the filing fee.1Clerk of the Circuit Court of Cook County. Domestic Relations Division Fee Schedule
If your spouse does nothing, the court can enter a default judgment, which means the judge decides property, support, and parenting issues based only on what you presented. A spouse in default may not receive further notice of court dates, and undoing a default judgment later is difficult.
Financial Disclosures on Cook County’s Timeline
The Financial Affidavit filed at the start of the case is just the opening step. Cook County Rule 13.3.1 requires both spouses to serve completed Financial Affidavits on each other. The petitioner must serve theirs within 30 days of filing the initial pleading, and the respondent must serve theirs within 30 days of filing an appearance.11Circuit Court of Cook County. Part 13 – Domestic Relations Proceedings
Rule 13.3.2 requires supporting proof alongside the affidavit: the last two years of federal and state tax returns, the most recent pay stub showing year-to-date earnings, and other records that verify the numbers.12Circuit Court of Cook County. Part 13 – Domestic Relations Proceedings – Section: 13.3.2 Proof of Income If your finances change significantly during the case, serve an updated affidavit at least seven days before any hearing.
These disclosures aren’t optional. Hiding assets or income can lead to sanctions and destroy your credibility with the judge on every other issue.
Temporary Orders While the Case Is Pending
Cases take months to resolve, and either spouse can ask the court for temporary orders that stay in effect until the divorce is final. Those orders can cover temporary child support, temporary spousal maintenance, and exclusive possession of the family home where a spouse’s or child’s safety is at risk.13Illinois General Assembly. Illinois Code 750 ILCS 5/501 – Temporary Relief
Illinois does not automatically freeze assets when a divorce is filed. If you’re worried about your spouse draining accounts or running up debt, you can file a motion for a restraining order backed by evidence of that risk. The court can also restrain either party from taking a child out of state for more than 14 days and from interfering with the other spouse’s personal liberty.13Illinois General Assembly. Illinois Code 750 ILCS 5/501 – Temporary Relief Temporary motions move on an expedited basis, usually decided on affidavits, pay stubs, and tax returns rather than full testimony. The responding spouse has 21 days to respond.
Mediation, Parenting Class, and the First Court Date
Cook County requires mediation for disputes over the allocation of parental responsibilities, including initial custody determinations, modifications, relocation requests, and non-parent visitation claims.14Circuit Court of Cook County. Mediation Mediation for financial issues is available but not required. Cook County’s Family Court Services runs the mediation in a confidential setting. Most statements made during mediation are confidential under Illinois law, and the mediator reports only whether a settlement was reached. Exceptions cover threats of physical harm, threats to commit crimes, and threats to a child’s safety.
After filing and service, the court schedules an initial case management conference. It isn’t a trial; the judge reviews case status, sets discovery deadlines, and addresses urgent issues.
When minor children are involved, both parents must complete a parenting education course before the court will enter a final judgment. Cook County authorizes the “Children in Between” online program, which lets you log in and out over a 30-day window. It covers how divorce affects children and strategies for reducing conflict, and you file the certificate of completion with the court.