Were you served, or are you filing, in Illinois? Learn the fee, wait and residency rule.
Illinois Divorce: Filing Fee, Waiting Period, Residency
Illinois in short
Illinois's divorce filing fee is up to $321 (up to $371 in Cook County). (ilga.gov) Illinois sets no statutory waiting period after filing. (ilga.gov) Illinois's residency rule: one spouse resident of Illinois (or stationed there) for 90 days before the action was commenced or the finding is made (750 ILCS 5/401(a)). (ilga.gov) Illinois divides marital property by equitable distribution. (irs.gov) Illinois's alimony rule: yes; statutory maintenance formula (750 ILCS 5/504). (recordinglaw.com)
Checked October 14, 2026
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Uncontested divorce in Illinois
- Court filing fee
The petition filing fee in Illinois is up to $321 (up to $371 in Cook County).
How this was read
Varies by county: the clerk where the case is filed sets the exact amount.
Source note: Schedule 1 civil filing fee cap under 705 ILCS 105/27.1b: not to exceed $321 in counties under 3 million people, $371 in a county of 3 million or more; each county sets its fee within the cap, so it varies by county; FindLaw example $334 (Lake County).
Source: ilga.gov
- Fee waiver
A fee waiver path is recorded for Illinois: indigent person may proceed without fees; 735 ILCS 5/5-105.
Source: national chart
- Residency before filing
One spouse resident of Illinois (or stationed there) for 90 days before the action was commenced or the finding is made (750 ILCS 5/401(a)).
Source: ilga.gov
- Waiting period
Illinois sets no statutory wait after filing.
How this was read
No statutory waiting period (FindLaw); 6 months living separate and apart only creates an irrebuttable presumption of irreconcilable differences (750 ILCS 5/401(a-5)).
Source: ilga.gov
Illinois divorce rules at a glance
| Rule | Illinois | Source |
|---|---|---|
| Filing fee | Up to $321 (up to $371 in Cook County) | ilga.gov |
| Separation required | No | national chart |
| Residency | One spouse resident of Illinois (or stationed there) for 90 days before the action was commenced or the finding is made (750 ILCS 5/401(a)) | ilga.gov |
| Property regime | Equitable distribution | irs.gov |
| Waiting period | No statutory wait | ilga.gov |
| Child support model | Income shares | ncsl.org |
| Alimony rule | Yes; statutory maintenance formula (750 ILCS 5/504) | recordinglaw.com |
| Fee waiver | Yes (indigent person may proceed without fees; 735 ILCS 5/5-105) | national chart |
| Parenting class | Yes when minor children are involved (Ill. S. Ct. Rule 924 parenting education requirement, run by each circuit; e.g. 17th Circuit General Order 4.05 requires completion within 90 days) | 17thcircuit.illinoiscourts.gov |
Checked October 14, 2026. Not recorded for Illinois: mediation rule.
Illinois in detail
Illinois's residency rule reads: one spouse resident of Illinois (or stationed there) for 90 days before the action was commenced or the finding is made (750 ILCS 5/401(a)). (ilga.gov) Illinois's waiting period (no statutory wait): no statutory waiting period (FindLaw); 6 months living separate and apart only creates an irrebuttable presumption of irreconcilable differences (750 ILCS 5/401(a-5)). (ilga.gov) On separation: 6 months apart is a presumption, not a requirement (750 ILCS 5/401(a-5)). (no link recorded) Illinois's filing fee (up to $321 (up to $371 in Cook County)): Schedule 1 civil filing fee cap under 705 ILCS 105/27.1b: not to exceed $321 in counties under 3 million people, $371 in a county of 3 million or more; each county sets its fee within the cap, so it varies by county; FindLaw example $334 (Lake County). (ilga.gov) Illinois's parenting class rule: yes when minor children are involved (Ill. S. Ct. Rule 924 parenting education requirement, run by each circuit; e.g. 17th Circuit General Order 4.05 requires completion within 90 days). (17thcircuit.illinoiscourts.gov) Illinois's alimony rule: yes; statutory maintenance formula (750 ILCS 5/504). (recordinglaw.com)
Steps and minimum times in Illinois
- Before filing, residency. One spouse resident of Illinois (or stationed there) for 90 days before the action was commenced or the finding is made (750 ILCS 5/401(a)). (ilga.gov)
- Filing. Illinois court fee up to $321 (up to $371 in Cook County). (ilga.gov)
- No statutory wait. Illinois: none after filing; the court's calendar sets the date. (ilga.gov)
What filing costs in Illinois
- Court filing fee: Up to $321 (up to $371 in Cook County) (ilga.gov)
- Fee waiver: Yes (indigent person may proceed without fees; 735 ILCS 5/5-105) (national chart)
Official sources for Illinois
Questions about Illinois
How much is Illinois's divorce filing fee?
Up to $321 (up to $371 in Cook County). Fee waiver: yes (indigent person may proceed without fees; 735 ILCS 5/5-105). (ilga.gov)
How long is Illinois's waiting period for divorce?
None after filing. No statutory waiting period (FindLaw); 6 months living separate and apart only creates an irrebuttable presumption of irreconcilable differences (750 ILCS 5/401(a-5)). (ilga.gov)
What is Illinois's residency rule for divorce?
One spouse resident of Illinois (or stationed there) for 90 days before the action was commenced or the finding is made (750 ILCS 5/401(a)). (ilga.gov)
Does Illinois have an alimony formula?
Yes; statutory maintenance formula (750 ILCS 5/504). (recordinglaw.com)
Does Illinois require a parenting class?
Yes when minor children are involved (Ill. S. Ct. Rule 924 parenting education requirement, run by each circuit; e.g. 17th Circuit General Order 4.05 requires completion within 90 days). (17thcircuit.illinoiscourts.gov)
How this page is built
Each rule here is one cell of the 51-row divorce dataset behind the national chart, with its source. Unrecorded cells are left out. Lawyers' fees are not sourced or counted. General information, not legal advice.