What Is the First Step in Getting a Divorce in Illinois?

Deciding to file for divorce is never easy. Whether you’ve been considering it for a long time or your situation has suddenly changed, understanding the legal process can make a stressful situation feel more manageable. In Illinois, the divorce process begins with a few key steps, and taking the right approach early on can help protect your interests and set the stage for a smoother outcome.

At Shark Lawyers for Men, we help men navigate the divorce process from start to finish, ensuring they take the necessary steps to safeguard their rights, assets, and future. Here’s what you need to know about the first step in getting a divorce in Illinois and what follows.

Before you can file for divorce in Illinois, you must meet the state’s residency requirement:

• Either you or your spouse must have lived in Illinois for at least 90 days before filing.
• If you have children, Illinois must be their home state for at least six months before child-related decisions can be made.

This requirement ensures that Illinois courts have jurisdiction over your divorce case. If you or your spouse recently moved, you may need to wait before filing or consider whether another state’s laws apply.

The divorce process differs depending on whether both spouses agree on key issues.

• Uncontested Divorce – If both you and your spouse agree on how to divide assets, child custody, and support, the process will be faster and less expensive.
• Contested Divorce – If you and your spouse disagree on any aspect of the divorce, you may need mediation or a judge to resolve disputes.

Knowing what type of divorce you’re dealing with can help you prepare for the road ahead.

To officially start the divorce process, you need to file a Petition for Dissolution of Marriage in the circuit court of the county where you or your spouse lives. This legal document states:

• That you are seeking a divorce.
• That the marriage has irretrievably broken down (Illinois is a no-fault divorce state, meaning you don’t have to prove wrongdoing).
• Any initial requests for spousal support, child custody, or property division.

Once the petition is filed, you must pay a filing fee, which varies by county but typically ranges from $250 to $400.

After filing, your spouse must be officially notified of the divorce through legal service of process. This is typically done by:

• A sheriff or private process server who delivers the papers to your spouse.
• Certified mail, in some cases.
• Publication, if your spouse cannot be located.

Once served, your spouse has 30 days to respond. If they do not respond, you may be able to request a default judgment, allowing the divorce to proceed without their input.

Once the divorce petition is filed and served, the next steps depend on whether your divorce is contested or uncontested.

• For uncontested divorces, you and your spouse will submit a written settlement agreement outlining property division, custody, and support. Once approved by the court, a judge finalizes the divorce.
• For contested divorces, you may enter mediation to resolve disputes, or, if no agreement is reached, the case may go to court for a judge to decide.

The time it takes to finalize a divorce varies. Uncontested divorces may take only a few months, while contested cases can take a year or longer, depending on disputes and court scheduling.

Starting the divorce process can feel overwhelming, but taking the right steps early on can make a significant difference. At Shark Lawyers for Men, we help men protect their assets, fight for fair custody arrangements, and avoid costly mistakes throughout the divorce process.

If you’re considering divorce and want to ensure you’re prepared from the very first step, contact us today for a consultation. We’ll help you navigate the legal process and work toward the best possible outcome for your future.