What Are the First Steps to File for Divorce in Illinois?

 Posted on November 12, 2026 in Divorce

Making the decision to get a divorce can be difficult, especially if you have spent a long time building a life together with your spouse. Once it becomes clear that the relationship is unsustainable, you might start looking into the steps you need to take to end the marriage. A Wheaton, IL divorce attorney can advise you of how to proceed while working to protect your future.

At Goostree Law Group, we have decades of legal experience handling divorce and other family law-related matters for clients throughout DuPage County. We can provide you with careful guidance throughout your case, no matter how much conflict there is between you and your spouse.

What Are the Requirements to File for Divorce in Illinois?

Illinois sets a few basic requirements that must be met before a court will grant a divorce. The first is residency. At least one spouse must have lived in Illinois for 90 days. The 90-day rule can be met at the time of filing or by the time the court makes its final findings. Only one spouse has to meet it. Someone who recently moved to Wheaton from another state may be able to file once 90 days have passed.

In Illinois, a divorce is legally called a dissolution of marriage. The spouse who files is the petitioner, and the other spouse is the respondent. The petition gives the court basic facts about the marriage. It lists when the couple married, where each spouse lives, and whether they have children together. It also explains what the petitioner wants the court to decide, such as how to divide property or set a parenting schedule. Gathering records before filing can save time later. Helpful documents include:

• Recent pay stubs and tax returns

• Bank, retirement, and investment account statements

• Mortgage, loan, and credit card statements

• Vehicle titles and real estate deeds

• Any prenuptial or postnuptial agreement

These records show what the couple owns and owes. Both spouses will need to share much of this information later in the case.

What Are the Grounds to File for Divorce in DuPage County in 2026?

Illinois is a no-fault divorce state. The only grounds for divorce in DuPage County and across the state are irreconcilable differences (750 ILCS 5/401). The state removed fault-based grounds, such as adultery and cruelty, in 2016. A spouse filing today does not need to prove that the other spouse did anything wrong.

Irreconcilable differences means the marriage has broken down. It also means that past efforts to save the marriage have failed, or that more effort would not help the family.

When one spouse disputes the grounds, time spent apart can settle the question. If spouses have lived separate and apart for six months in a row before the judgment, the law treats the marriage as broken. That finding cannot be challenged. Living separate and apart does not always mean living in different homes. Spouses can share a house and still lead separate lives. If six months have not passed, the judge can still find irreconcilable differences based on other evidence.

Where Can You File for Divorce in DuPage County?

A divorce in Illinois can be filed in the county where either spouse lives. If you or your spouse lives in Wheaton, Glen Ellyn, Downers Grove, or another city in DuPage County, the case is handled through the Circuit Court of DuPage County. Divorce cases are heard at the DuPage County Judicial Center at:

• 505 N. County Farm Road, Wheaton, IL 60187

Most divorce papers are now filed online through the Illinois e-filing system. The DuPage County Circuit Court Clerk accepts the filing and assigns a case number. Spouses who cannot afford the filing fee can ask the court to waive it.

When spouses live in different counties, either county may be an option. The first spouse to file usually sets where the case starts.

How Does a Divorce Move Forward After Service of Process?

Service of process is the formal step of giving the other spouse a copy of the divorce petition and a summons. In DuPage County, the sheriff or a private process server usually handles delivery. A spouse who is cooperating can instead sign a form accepting the papers without formal service.

After service, the respondent has 30 days to file an appearance and a response. If the respondent does nothing, the petitioner can ask the court for a default judgment.

Next comes the exchange of financial information. Each spouse fills out a Financial Affidavit. This sworn form lists income, expenses, assets, and debts. The spouses may also trade documents and answer written questions. This stage is called discovery.

Parents need to take extra steps. Each parent, or both parents together, must submit a parenting plan within 120 days of service or filing. The plan covers decision-making and parenting time. Parents are usually required to finish a parenting education class. If they cannot agree on parenting issues, the court will often send them to mediation.

How Long Does an Illinois Divorce Take?

The length of an Illinois divorce depends mostly on how much the spouses agree. Illinois has no required waiting period after filing. An uncontested divorce, where both spouses agree on every issue, can sometimes finish in a few weeks to a few months. Timing depends on the court’s calendar and how quickly the paperwork is done.

A contested divorce takes longer. Disputes over custody, support, a family business, or retirement accounts often add months. Many contested cases take a year or more, and cases that go to trial can run even longer.

Contact Our Wheaton, IL Divorce Lawyers

At Goostree Law Group, we guide clients in Wheaton and across DuPage County through each step of the divorce process, from the first filing to the final judgment. We prepare every case for settlement talks and for trial, so you can make decisions with a clear view of what is at stake. Contact our DuPage County, IL family law attorneys or call 630-584-4800 to schedule your initial consultation with our firm.