Am I Eligible for a DIY Divorce in Illinois? (2026)

Illinois offers no waiting period, no fault grounds, and an excellent free document assembly tool — making it one of the most DIY-accessible states in the country. Work through these questions to find your path.

Section 1 — Basic Eligibility

1. Has at least one spouse lived in Illinois for 90 days? (Or will before the Judgment is entered — you can file before meeting this requirement.)

• ✅ Yes — continue
• ❌ No — you can file now but can't finalize until 90 days is met

2. Are you aware that Illinois has only one ground for divorce? Irreconcilable differences — no fault options available.

• ✅ Yes — proceed
• ❌ Didn't know — this simplifies things, proceed with irreconcilable differences

Section 2 — Which Path?

3. Do you qualify for Joint Simplified Dissolution? Married under 8 years + no children + no real property + limited assets + both waive maintenance.

• ✅ Yes — fastest path, use Joint Petition for Simplified Dissolution
• ❌ No — use standard dissolution

4. Do both spouses agree on all terms?

• ✅ Yes — strong DIY candidate
• ⚠️ Not yet, communicating well — resolve before filing
• ❌ Can't agree — consider mediation; Illinois courts encourage it for contested parenting issues
• ❌ Spouse unresponsive — default divorce path

Section 3 — Complexity

5. Do you have minor children?

• ✅ No — simpler process
• ⚠️ Yes, and we fully agree on Parenting Plan and support — DIY is doable
• ❌ Yes, and we disagree on parenting arrangements — attorney recommended

6. Do either of you have an Illinois public pension (IMRF, TRS, SURS, SERS, CTPF)?

• ✅ No — standard QDRO process applies
• ⚠️ Yes — contact the pension system before drafting your MSA; each has its own division process

7. Do you own a home together?

• ✅ No — simpler
• ⚠️ Yes, and we agree on outcome — manageable
• ❌ Disagree about the house — contested issue

8. Are you filing in Cook County?

• ✅ No — standard process applies
• ⚠️ Yes — review Cook County-specific procedures at cookcountycourt.org; the process differs somewhat from the rest of Illinois

9. Has either spouse hired an attorney?

• ✅ No — level playing field
• ❌ Yes — consider hiring one yourself

Section 4 — Safety

10. Is there any history of domestic violence?

• ✅ No — proceed normally
• ❌ Yes — call the National DV Hotline (1-800-799-7233). Illinois has protective provisions. An attorney can help you access them safely.

Your Results

Strong DIY Candidate

All green answers + cooperative spouse + illinoislegalaid.org = you're ready to proceed.

Good DIY With Some Help

• Illinois public pension involved — research the specific system's requirements first
• Cook County filer — use Cook-specific resources and expect longer processing times
• Forms feel overwhelming — use illinoislegalaid.org document assembly (it's excellent)

Consider an Attorney

• Disagreement on allocation of parental responsibilities or parenting time
• History of domestic violence
• Relocation planned
• Complex public pension division
• Significant disputed assets
• Spouse has already hired an attorney

Illinois's Best Free Resources

• illinoislegalaid.org — Document assembly, guides, plain-English explanations
• illinoiscourts.gov — Statewide court resources and some forms
• cookcountycourt.org — Cook County-specific resources (if filing in Chicago)
• ilchildsupport.com — Free child support estimator

Last reviewed: March 2026

Last reviewed: March 2026 · Verify current fees and forms with your local court before filing.