Search Public Records
Please enter first name
Please enter last name
Please choose a state
Please enter a valid phone number
Please enter a house number
Please enter a street name
Please enter a city
Please choose a state

Illinois Divorce Records

Divorce records in Illinois include case files, divorce decrees, and dissolution of marriage verifications. These records document all proceedings from the petition to the final judgment. Certified copies are available from the Circuit Court Clerk where the divorce was granted, and the Illinois Department of Public Health maintains dissolution records.

Illinois divorce records are public under the Illinois Freedom of Information Act (FOIA). However, details involving minors and financial matters may be sealed by court order. According to the CDC, Illinois had a divorce rate of 1.3 per 1,000 people in 2021, lower than neighboring states.

Illinois is a "no-fault" divorce state, where irreconcilable differences are the sole ground for divorce. To file for divorce, one must meet residency requirements and follow specific steps, including preparing and filing a petition, serving the spouse, and potentially going through mediation or trial.

An Illinois divorce decree officially ends a marriage and details asset division, child custody, and support arrangements. Divorce records can be accessed through the Division of Vital Records by mail, fax, or in-person or through the Circuit Court Clerk where the divorce was granted. Online access to case information is also available through some court websites, such as Cook County.

What are Divorce Records?

Divorce records in Illinois contain all legally documented data relating to the dissolution of a marriage or union in the state. They include case files for divorce proceedings held in Illinois courts, divorce decrees, and the dissolution of marriage verification. Case files include all court-generated information and documents filed in the court, from submitting a petition for dissolution to the final judgment. They contain complaints, summons, responses, pleadings, and documents created or submitted during the course of court proceedings.

A divorce decree is a final judgment in the divorce matter containing the imposed terms of the settlement. The dissolution of marriage verification is a record containing the names of the parties in the divorce, the date of dissolution, and the location where the finalization occurred. Certified copies of divorce records are available from the Circuit Court Clerk in the county where the divorce was granted, while dissolution of marriage records are maintained by the Division of Vital Records of the Illinois Department of Public Health (IDPH).

Are Divorce Records Public in Illinois?

Divorce records in Illinois qualify as public records under the Illinois Freedom of Information Act (FOIA). The public can easily access dissolution of marriage verification records from the custodian of the records. Contained in a verification of dissolution of marriage are the names of the parties involved in the divorce, the date of dissolution, and the jurisdiction where the dissolution occurred. Also, court files related to divorce matters may be accessed online via Illinois court resources. However, some information, such as those pertaining to minors and financial matters, may be sealed and unavailable to the public by a court order or pursuant to the Illinois Vital Records Act.

Divorce Stats and Rates in Illinois

According to the CDC, Illinois's divorce rate was 1.3 per 1,000 people in 2021, significantly lower than neighboring states such as Wisconsin (2.1), Iowa (2.3), Missouri (2.9), and Kentucky (3.3). The divorce rate has been on the decline since 2016, when it recorded 2.6 per 1,000 residents. The cities with the highest rates of divorce in the state are Harrisburg, Calumet Park, Mattoon, Wood River, Pana, Rock Falls, and West Frankfort.

Grounds for Divorce in Illinois

Illinois is a "no-fault" divorce state, meaning courts do not require one spouse to prove the other's bad behavior led to the divorce. Consequently, you do not need your spouse's consent to end the marriage in Illinois.

Under 750 Ill. Comp. Stat. § 5/401(a), the only ground for divorce is irreconcilable differences leading to the irretrievable breakdown of the marriage, with proof that attempts at reconciliation have failed. Essentially, this means you and your spouse can no longer get along and will not be able to reconcile. While Illinois does not require couples to separate before divorcing, the law presumes irreconcilable differences if you and your spouse have lived apart for a minimum of six months before finalizing the divorce.

How to File for Divorce in Illinois

Before filing for divorce in Illinois, you or your spouse must have resided in the state for a minimum of 90 days prior to filing. There must also have been attempts at reconciliation. After meeting the residency requirement, the next steps in the divorce process include:

  • Prepare the petition: Obtain the appropriate form to be filed with the Clerk of the Circuit Court. The Illinois courts website provides different petitions for dissolution for marriages with or without children. Typically, the petition should include:
    • The date of the marriage and the state and county where it was registered
    • The names, ages, and addresses of all living children of the spouses and whether a spouse is pregnant
    • Whether an arrangement has been made between spouses as to the allocation of parental responsibility, child support, and parenting time
    • Whether an arrangement exists between the spouse per the maintenance of each spouse
    • The relief sought
  • Filing the petition: After completing the required form, the petition must be filed with the Circuit Clerk. Some Clerk's Offices, such as the Lake County Clerk's office, allow e-filing. You may need to file additional documents such as the Entry of Appearance, Summons, Affidavit of Military Service, and the Declaration Under Uniform Child-Custody Jurisdiction Act (UCCJEA).
  • Serving the other spouse: After filing the petition and other supporting documents, you must deliver a copy of the documents to your spouse. Note that if your spouse files an Entry of Appearance, that serves as the waiving service. After service, your spouse has 30 days to file an Entry of Appearance form, pay the associated fee, or request a waiver. If your spouse files an Appearance and you both agree on all issues in the divorce case, you may request a prove-up hearing date. A prove-up hearing refers to the court date when you request that the judge order a dissolution of the marriage based on the terms of your agreement. If an Appearance is not filed within 30 days or does not show up in court after filing their Appearance, the judge may allow the petitioner to file a motion for default.
  • Discovery stage: In this stage, you and your spouse exchange relevant documents and information about the divorce to facilitate fairness and transparency in court proceedings.
  • Mediation: Illinois allows mediation and settlement in divorce as an alternative to lengthy court battles. Mediation allows both parties to negotiate to reach mutually acceptable conditions for the various aspects of the divorce, including property division, child support, child custody, and alimony.
  • Trial: If mediation cannot settle a divorce case, you and your spouse must prepare for trial by gathering evidence and witnesses and possibly seeking legal representation in court. At the trial, which often involves multiple hearings in a contested divorce, the judge evaluates the evidence and the presented information to make decisions on the divorce, including asset division, child custody, child support, and alimony.
  • Finalization: After the judge makes decisions on the pertinent issues in the case, a judgment is issued, which becomes legally binding on both parties and marks the termination of the marriage.

Illinois Divorce Decree

An Illinois divorce decree is an official document issued by a court in the state legally affirming that a marriage has ended. It is created by a court after a divorce and includes essential details like property and asset division, child custody arrangements, spousal support, and child support information.

How to Find and Access Illinois Divorce Records

You can obtain an Illinois divorce record in the following ways:

Offline Access

The Division of Vital Records in the Illinois Department of Public Health can verify the facts of a 1962 dissolution of marriage. The Division charges $5 for verification and allows mail, fax, or in-person requests.

In order to obtain a verification for a dissolution of marriage in Illinois, you must submit:

You can request by mail by submitting the completed application or a letter with the names of the parties involved, their dates of birth, the place and date of the dissolution of marriage (if known), and a $5 check or money order made out to the "Illinois Department of Public Health" to:

IDPH- Illinois Department of Public Health

Division of Vital Records

925 E. Ridgely Avenue

Springfield, IL 62702-2737

Regular mail requests can be processed in up to 6 weeks, exclusive of delivery time to and from the office.

To order a verification for a dissolution of marriage in Illinois by fax, send the required items to the IDPH at (217) 523-2648. Required items include the application form or a transmittal or cover sheet with the names of the parties involved, the date, and the place of the dissolution of marriage. The following information will also be needed:

  • Your credit card number and the expiration date (to pay the verification fee, a $15.00 credit card handling fee, and the $22.00 UPS fee). A $3 fee will applies for each additional person in a group order
  • A daytime phone number, including area code
  • Your written signature
  • Your return address
  • A valid government-issued photo ID

Requests by fax may take seven business days to process.

In-person orders may be dropped off for mail out within three business days at the IDPH Division of Vital Records office at 925 East Ridgely Avenue, Springfield. You will be asked to provide a valid photo ID.

To obtain certified copies of dissolution of marriage records, visit the Circuit Court Clerk in the county where the dissolution was granted.

Online Access

Although some third-party websites claim to provide Illinois divorce records online, none of such services operate in partnership with the state. Hence, the validity of the records available on such sites cannot be guaranteed. However, you may be able to search court case information for some Illinois courts online. For instance, the Clerk of the Circuit Court in Cook County provides online access to case information. Case data is available on the Cook County court website's electronic docket, which includes court documents and events summaries.

 

References

Counties in Illinois

List of Content

  1. What are Divorce Records?
    1. Are Divorce Records Public in Illinois?
      1. Divorce Stats and Rates in Illinois
        1. Grounds for Divorce in Illinois
          1. How to File for Divorce in Illinois
            1. Illinois Divorce Decree
          2. How to Find and Access Illinois Divorce Records
            1. Offline Access
            2. Online Access