Illinois Divorce Records

Illinois has one of the lowest divorce rates in the country - according to recent data, the state's divorce rate is approximately 1.2 divorces per 1,000 people, half the national rate of 2.4 divorces per 1,000.

Illinois is a "no-fault" divorce state, meaning that couples do not need to prove wrongdoing by their spouses to file for divorce. Instead, they can simply cite "irreconcilable differences" as the reason for the breakdown of their marriage (this is the only legally recognized ground for divorce in the state). Note that the court must determine that there is no practical room for reconciliation between the couple or that any such reconciliation would not be in the family's best interests before granting the divorce.

The cost of getting a divorce in Illinois largely depends on factors like court costs, attorney fees, mediation expenses, whether the divorce is contested, and whether there are any children involved. On average, you can expect to pay $10,334 per person - slightly higher than the national average, which is about $9,969.

Are Divorce Records Public in Illinois?

Divorce records in Illinois are generally considered public records and may be accessed by interested parties in line with pertinent state laws, primarily the Illinois Freedom of Information Act and the Illinois Clerks of Courts Act. Be aware that certain information contained in these divorce records may be redacted, or the record may be sealed by court order. This is typically done for safety concerns or to protect sensitive information like financial details, child custody arrangements, and other details involving minors. In situations where a divorce record is sealed, it is usually only accessible to the divorced couple, their legal representatives, authorized government agencies, and individuals with a court order granting them access to the record.

What Is Included in Illinois Divorce Records?

In Illinois, divorce records (officially referred to as dissolution of marriage records) refer to various types of official documents generated and/or filed about a divorce case. These documents typically include:

• Dissolution of Marriage Verifications: These are official documents issued by the Illinois Department of Public Health (IDPH) that confirm that a divorce has taken place. These documents typically contain basic information, such as the names of the divorcing couple, the date of the divorce, and the location where the divorce was granted.
• Judgments of Dissolution of Marriage: Commonly referred to as "divorce decrees", these are court-issued documents that finalize a divorce proceeding. Divorce decrees are maintained by the Circuit Court that handles the divorce case and they outline the terms of the divorce, including property division, spousal support, and child custody arrangements.
• Divorce Case Files/Court Records: These include all documents filed during the divorce proceedings, including the plaintiff's complaint and defendant's response, testimonies, settlement agreements, the divorce decree, and other petitions, motions, and court orders. Divorce case files are also available at the Circuit Court in the county where the divorce was filed.

How Do I Find Illinois Divorce Records?

Illinois divorce records are maintained locally by the Clerk of the Circuit Court in the county where the divorce was granted, and also at the state level by the Illinois Department of Public Health. However, certified copies of these records are only obtainable through the Circuit Courts. These certified copies are typically required for various legal reasons, such as:

• Processing name changes.
• Verifying that a divorce has been legally finalized, especially for remarriage purposes.
• Changing beneficiaries or updating marital status with banks, insurance companies, and other financial institutions.
• Enforcing court decisions concerning support, custody, visitation, or property division.
• Updating information for social security and other benefits or entitlements.
• Revising wills, trusts, and other legal documents.

Look Up Illinois Divorce Certificate

The Illinois Department of Public Health (IDPH) began maintaining records of divorces across Illinois in 1962 and typically provides interested parties with access to these records in the form of dissolutions of marriage verification (informally referred to as divorce certificates). However, it should be noted that these verifications are not certified documents; they only serve to verify that a divorce occurred.

You may obtain copies of these documents by submitting a completed Application for Verification of Dissolution of Marriage/Civil Union Record Files form, along with a valid government-issued photo ID and a $5 fee per copy requested, to the department (either via mail or in person) at:

Note that mail-in requests may take 4 - 6 weeks to process.

Look Up Illinois Divorce Decree

You may obtain copies of judgments of dissolution of marriages (divorce decrees) in Illinois by taking the following steps:

• Determine the county where the divorce was granted.
• Contact the Clerk of the Circuit Court in the county.
• Submit a written request for the divorce records. Many counties provide request forms that may be used for this, and the completed form may be submitted either in person, online, or via mail. Note that you will typically need to provide details to facilitate a record search, such as the names of the divorced couple and an estimated divorce date.
• Pay the required fees. These vary by county but generally range from $2.50 to $10.

Look Up Illinois Divorce Court Records

Illinois courts generally do not grant access to entire divorce case files. Nonetheless, copies of certain records within the file, including the divorce decree, motions, complaints, and discovery documents, may be obtained by submitting a written request to the Circuit Court where the case was handled and paying the applicable fees. You may contact the appropriate Circuit Court Clerk's Office for more information.

Can You Seal Divorce Records in Illinois?

You may request to have your divorce records sealed in Illinois for several reasons, such as protecting personal, financial, or proprietary information, and ensuring the safety and/or privacy of involved parties, especially in cases of domestic violence.

To get your divorce record(s) sealed, you must file a petition with the court that handled the case, and provide a valid reason for the request. The court will review the petition and may schedule a hearing before deciding whether to grant (or deny) the request. It is important to note that this decision is always at the discretion of the court. If the petition is granted, the records will be sealed and restricted from general public access.

How Long Does a Divorce Take in Illinois?

The timeline for finalizing a divorce in Illinois largely depends on whether the divorce is uncontested (meaning that both parties agree on all issues) or contested (where both parties disagree about key issues, like going through with the divorce, custody, visitation, and support). While uncontested divorces are usually faster, they may still take up to six months to resolve. On the other hand, contested divorces may take as much as 18 months or more to resolve, depending on the complexity of the case and the level of conflict between the parties.

Does Illinois Require Separation Before Divorce?

No, Illinois does not require couples to separate before filing for divorce. However, per state law, a separation period of at least six months is generally considered indicative of irreconcilable differences between the couple, and they will no longer need to convince the court that all reconciliation efforts have failed.

How Are Assets Split in an Illinois Divorce?

Illinois is an equitable distribution state with regards to dividing marital property between spouses. This means that the court divides property fairly but not necessarily equally. Note that, per the Illinois Marriage and Dissolution of Marriage Act, marital property refers to all assets and liabilities acquired by a couple after their marriage, with certain exceptions. These exceptions, which are referred to as non-marital property, include gifts and inheritances, as well as property acquired after a legal separation. Non-marital property is not subject to division during a divorce and generally remains with the spouse who acquired it.

Illinois courts generally consider certain factors when dividing property between spouses to ensure a fair split. These factors include:

• The length of the marriage
• How much each spouse contributed to the property
• If either spouse recklessly spent or lost marital assets
• The value of the property assigned to each spouse
• Each spouse's income, expenses, and overall economic circumstances
• Any obligations or rights from prior marriages
• Any existing prenuptial or postnuptial agreements
• Each spouse's current and future financial needs and earning potential
• The needs of any children involved

Who Gets Custody of a Child in Divorce in Illinois?

In Illinois, custody (as it relates to divorces) is legally known as "parental responsibilities". There are two main types of parental responsibilities recognized in the state:

• Significant decision-making responsibility: This refers to the right to decide on issues that have long-term importance in the child's life, such as healthcare, education, religion, and after-school activities. Parents may either share joint decision-making responsibility, or the court may award one parent full decision-making authority.
• Parenting time: This refers to the everyday aspects of caring for a child, including where the child lives and how much time they physically spend with each parent. While one parent is usually awarded more parenting time (the "custodial parent"), both parents generally have a right to spend reasonable time with the child, except in situations where doing so poses a serious risk to the child's wellbeing.

Illinois law generally prioritizes the best interests of the child when allocating parental responsibilities and requires courts to initiate necessary proceedings on the presumption that both parents are equally fit to care for the child. Notwithstanding this, there is usually a societal bias towards granting mothers more time compared to fathers. A recent survey on parenting time allocations across the country indicates that fathers in Illinois are likely to get only 23% parenting time after a divorce, way lower than the national average of 35%.