How Much Does a Simple Divorce Cost in Illinois?
Understanding how much does a simple divorce cost in Illinois requires evaluating court filing fees, eligibility for Joint Simplified Dissolution, and whether parties draft agreements independently or retain an attorney for an uncontested proceeding. On average, a simple uncontested divorce in Illinois costs between $400 and $2,000 total. Couples who qualify for Joint Simplified Dissolution pay only the statutory court filing fee ($330 to $390), while hiring an attorney to draft an agreed marital settlement averages $1,200 to $2,500.
Illinois Court Filing Fees and County Clerk Costs
Every divorce proceeding in Illinois begins by filing a Petition for Dissolution of Marriage in the Circuit Court of the county where either spouse resides. Filing fees vary by county judicial circuit, typically ranging between $330 and $390. In Cook County (Chicago), the initial filing fee for a dissolution petition is approximately $388. In collar counties like DuPage, Lake, Will, and Kane, filing fees hover between $335 and $360.
If the divorce is filed jointly as an agreed petition, both parties can sign an entry of appearance, bypassing formal sheriff service fees ($40 to $75). However, Illinois circuit court clerks assess a respondent appearance fee (typically $200 to $250) when the second spouse files their formal appearance, unless the couple qualifies under the Joint Simplified Dissolution procedure, which eliminates the separate appearance surcharge.
Compare court filing fees, legal services, and total costs across simple Illinois divorce options:
| Divorce Procedure / Service Level | Circuit Court Filing Fee | Attorney Legal Fees | Total Out-of-Pocket Cost | Typical Duration to Decree |
|---|---|---|---|---|
| Joint Simplified Dissolution (Pro Se) | $330 to $390 (Single fee) | $0 (No lawyer) | $330 to $390 | 2 to 4 Weeks |
| Uncontested Pro Se (Standard Forms) | $330 to $390 + $220 appearance | $0 (Self-represented) | $550 to $650 | 4 to 8 Weeks |
| Online Divorce Service Document Prep | $330 to $390 + appearance | $150 to $400 (Software) | $700 to $1,050 | 4 to 8 Weeks |
| Uncontested Attorney Flat-Fee (No Kids) | $330 to $390 + appearance | $1,000 to $1,800 flat fee | $1,550 to $2,400 | 3 to 6 Weeks |
| Uncontested Attorney (With Minor Children) | $330 to $390 + appearance | $1,800 to $3,200 flat fee | $2,350 to $3,800 | 6 to 10 Weeks |
Eligibility for Illinois Joint Simplified Dissolution
Illinois law provides an ultra-streamlined, low-cost divorce process known as Joint Simplified Dissolution of Marriage under 750 ILCS 5/452. This administrative procedure allows qualifying couples to obtain a divorce quickly with minimal paperwork and zero attorney fees. To qualify, spouses must have been married for less than 8 years, have no children together (and neither spouse is pregnant), and own no real estate or retirement benefits.
Furthermore, under statutory criteria, neither spouse can earn more than $30,000 gross annually (or combined total gross income exceeding $60,000), total marital assets cannot exceed $50,000 (excluding retirement and vehicles), and both parties must waive all rights to spousal maintenance (alimony). If all criteria are met, the couple files a joint petition, signs waivers, and can appear before a judge for an immediate dissolution order.
Review statutory eligibility criteria for Illinois Joint Simplified Dissolution (750 ILCS 5/452):
| Statutory Eligibility Requirement | Legal Threshold / Limit | Impact on Filing | Alternative If Exceeded |
|---|---|---|---|
| Marriage Duration | Less than 8 Years | Mandatory requirement | Standard Uncontested Dissolution |
| Children of the Marriage | Zero minor children / No pregnancy | Mandatory requirement | Standard Dissolution with Parenting Plan |
| Real Estate Ownership | Neither spouse owns real estate / home | Mandatory requirement | Standard Dissolution with Deed Transfers |
| Individual Gross Income Ceiling | $30,000 maximum per spouse | Mandatory requirement | Standard Uncontested Dissolution |
| Total Combined Marital Assets | $50,000 maximum gross value | Mandatory requirement | Standard Dissolution with MSA |
| Spousal Maintenance (Alimony) | Must be permanently waived by both | Mandatory requirement | Standard Dissolution with Maintenance terms |
Hiring an Attorney for an Uncontested Divorce: What to Expect
If a couple does not meet the strict limitations of Joint Simplified Dissolution—for instance, if they own a house, share retirement 401(k) accounts, or have minor children—they can still pursue a simple uncontested divorce. Many Illinois family lawyers offer flat-fee packages ranging from $1,000 to $2,500 to represent one spouse while preparing an agreed Marital Settlement Agreement (MSA) and Allocation of Parental Responsibilities.
In an uncontested divorce, the lawyer drafts all legal pleadings, coordinates transparent financial affidavits, drafts deeds to transfer marital real estate, and prepares Qualified Domestic Relations Orders (QDROs) to split pensions without tax penalties. Once paperwork is signed, many Illinois judicial circuits allow the final prove-up hearing to be conducted via remote Zoom video, eliminating the need to take time off work to travel to the county courthouse.
How to File a Simple Divorce in Illinois
Follow these five legal steps to file and finalize a simple uncontested divorce in Illinois.
Verify Residency and No-Fault Grounds
Confirm at least one spouse has resided in Illinois for 90 days and state that irreconcilable differences have caused the breakdown.
Determine Joint Simplified Dissolution Eligibility
Check income, marriage length, and asset thresholds to see if you can file using standard simplified forms.
Draft an Agreed Marital Settlement Agreement (MSA)
Document all agreements regarding property, vehicles, debts, and waivers of spousal maintenance in writing.
File the Joint Petition with the Circuit Court Clerk
Submit your joint paperwork electronically via the Illinois e-filing portal (Odyssey eFileIL) and pay the court filing fee.
Attend the Prove-Up Hearing (In-Person or Zoom)
Appear briefly before the domestic relations judge to answer brief confirmatory questions and receive your signed Judgment for Dissolution.
Frequently Asked Questions (8 Questions Answered)
Q1: How much does a simple uncontested divorce cost in Illinois?
A simple uncontested divorce costs between $400 and $2,000 total, including court filing fees and flat-fee document drafting.
Q2: What is the filing fee for divorce in Illinois?
Circuit Court filing fees in Illinois range from $330 to $390 depending on the county (approximately $388 in Cook County).
Q3: What is a Joint Simplified Dissolution in Illinois?
An expedited, low-cost divorce for couples married under 8 years with no kids, no real estate, and under $60k combined income.
Q4: How long does a simple divorce take in Illinois?
A simple uncontested divorce typically takes 3 to 8 weeks from filing to entry of the final judgment.
Q5: Can court filing fees be waived in Illinois?
Yes, low-income litigants can submit an Application for Waiver of Court Fees (Form CCG 0604) to waive all filing fees.
Q6: Can you get a divorce in Illinois without going to court?
Yes, many Illinois counties allow uncontested final prove-up hearings to be conducted remotely via Zoom video conference.
Q7: Is Illinois a 50/50 divorce state?
Illinois is an equitable distribution state; courts divide marital property fairly, which is often roughly equal but not legally mandated to be 50/50.
Q8: Do you have to be separated before getting a divorce in Illinois?
Living separate and apart for 6 months creates an irrebuttable presumption of irreconcilable differences, but spouses can waive this period by mutual consent.
Final Thoughts & Key Takeaways
In conclusion, understanding how much does a simple divorce cost in illinois? provides essential clarity, practical strategies, and actionable advice. By incorporating these foundational insights, adhering to verified safety guidelines, and following structured best practices, you ensure reliable, long-term outcomes while preventing common mistakes. Stay informed, consult certified professionals when needed, and maintain consistent quality care.