12 Mistakes to Avoid When Filing for Divorce in Illinois Without a Lawyer (2026)

Mistake #1 — Using "Custody" Language on Illinois Forms

Illinois eliminated "custody" and "visitation" from family law in 2016. Using these terms on forms or in your Parenting Plan signals to the court that you're using outdated templates.

Fix: Use "allocation of parental responsibilities," "decision-making," and "parenting time" throughout your documents. Illinoislegalaid.org generates forms with the correct terminology.

Mistake #2 — Not Using illinoislegalaid.org

Many DIY filers use generic online templates that don't account for Illinois's specific terminology and requirements.

Fix: Use illinoislegalaid.org's document assembly first. It generates Illinois-specific, court-ready forms and correctly addresses the 2016 statutory changes.

Mistake #3 — Thinking the 6-Month Separation is Required

Illinois law says 6 months of living separate and apart creates a presumption of irreconcilable differences — but it is NOT a mandatory waiting period. You can get divorced without waiting 6 months if both spouses agree that irreconcilable differences exist.

Fix: Know the distinction. For agreed divorces, simply stating irreconcilable differences exist is sufficient — no separation period required.

Mistake #4 — Filing in Cook County When Another County is an Option

Cook County has the longest processing times in Illinois. If both you and your spouse have connections to a collar county or downstate county, consider whether you qualify to file there.

Fix: You can file in any county where either spouse resides. If you have a choice, a less congested county may save you weeks.

Mistake #5 — Not Knowing Your County's Local Rules

Each Illinois judicial circuit has its own local rules that supplement state law. These can affect timing, required forms, and prove-up procedures.

Fix: Call your county Circuit Clerk before filing and ask about local requirements for uncontested divorces. Five minutes on the phone saves multiple wasted trips.

Mistake #6 — Drafting an Incomplete Parenting Plan

Illinois's Parenting Plan requirements under 750 ILCS 5/602.10 are specific. Missing required provisions results in rejection.

Fix: Use illinoislegalaid.org's document assembly to generate your Parenting Plan — it covers all required statutory provisions. Review it carefully before filing.

Mistake #7 — Ignoring the Parenting Time Credit for Child Support

Illinois's child support calculation includes a parenting time credit — the more time the paying parent has with the child, the lower their support obligation. Many DIY filers don't account for this.

Fix: Use the ilchildsupport.com calculator and enter the correct parenting time percentage for each parent. The credit can significantly affect the support amount.

Mistake #8 — Not Getting a QDRO for Retirement Accounts

This mistake is as common in Illinois as in every other state. A Judgment awards a retirement account — but without a QDRO, nothing actually happens.

Fix: After the divorce is final, engage a QDRO specialist. Illinois has many pension plans (especially for government employees — IMRF, TRS, SURS) that require specific treatment. Don't treat these like a 401(k) QDRO.

Mistake #9 — Not Recording the Deed Transfer

The Judgment awards one spouse the home — but the county recorder's office doesn't know about your divorce. Without a recorded deed, both names remain on the title.

Fix: After refinancing, the leaving spouse signs a Quit Claim Deed. Record it with the County Recorder of Deeds (not the Circuit Clerk — separate offices in Illinois).

Mistake #10 — Violating Illinois's Relocation Rules Without Knowing It

If you have significant parenting time and plan to move more than 25 miles (collar counties) or 50 miles (other counties) from your current residence, Illinois requires either agreement or court approval.

Fix: If relocation is possible, include specific relocation provisions in your Parenting Plan. Don't assume you can move freely after the divorce.

Mistake #11 — Not Including a Maintenance Waiver When Neither Spouse Wants It

If neither spouse wants maintenance (alimony) but you don't explicitly waive it in your MSA, it can become an issue later.

Fix: Include a clear maintenance waiver: "Each party waives any right to maintenance, now and in the future."

Mistake #12 — Treating a Contested Case Like an Uncontested One

If your spouse files an answer disputing your terms, you no longer have an uncontested divorce. Proceeding as if you do delays the process and puts you at a disadvantage.

Fix: If your spouse responds with objections, consider mediation. Many Illinois courts encourage or require mediation for contested parenting issues before scheduling a hearing.

Last reviewed: March 2026

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