How to File for Divorce in Cook County
By Jonathan D. Steele | Updated January 2025
How to File for Divorce in Cook County
To file for divorce in Cook County, e-file through eFileIL.gov or submit a Petition for Dissolution of Marriage and Domestic Relations Cover Sheet to the Circuit Court Clerk at the Daley Center (50 W. Washington, Room 802). Filing fees are set by the Cook County Circuit Court Clerk's published schedule and change periodically; confirm the current amount with the Clerk before filing. You or your spouse must have lived in Illinois for 90 days. After filing, serve your spouse and wait 30 days for their response.
Step-by-Step Filing Guide
Confirm You Meet Residency Requirements
Under 750 ILCS 5/401(a), you or your spouse must have been a resident of Illinois (or stationed here in the armed services) for at least 90 days before the court makes its findings and grants the divorce. Venue is governed by 750 ILCS 5/104. You can file immediately, but the divorce won't be finalized until the 90-day mark.
Complete Required Forms
You'll need several forms. The core documents are:
| Form | Purpose | Required? |
|---|---|---|
| Petition for Dissolution of Marriage | Initiates the divorce case | Always |
| Domestic Relations Cover Sheet (CCDR 0601) | Case information for the court | Always |
| Summons | Notifies your spouse of the lawsuit | Always |
| Parenting Plan (if children) | Proposed allocation of parental responsibilities and parenting time | Each parent must file one within 120 days after service or filing if there are minor children |
| Financial Affidavit (Illinois Supreme Court standardized form) Discloses income, assets, and debts Required whenever support, maintenance, or fees are at issue |
Forms are available at cookcountyclerkofcourt.org or the Daley Center.
File at Court or E-File Online
In-Person: Take your completed forms to the Domestic Relations Division at:
Richard J. Daley Center
50 W. Washington St., Room 802
Chicago, IL 60602
Hours: Monday-Friday, 8:30 AM - 4:30 PM
Parking: Millennium Park Garage ($30-40/day)
E-Filing: File 24/7 through eFileIL.gov. Create an account, upload documents, and pay fees online. Often faster than in-person.
Pay Filing Fee ($337-$388)
Cook County's divorce filing fee is set by the Clerk's published fee schedule under 705 ILCS 105/27.1b and is subject to change. Additional fees apply for appearances, motions, subpoenas, and certified copies. Check the Clerk's current fee schedule before you file.
Can't afford it? You may apply for a waiver of court fees under 735 ILCS 5/5-105 using the Illinois Supreme Court Rule 298 Application for Waiver of Court Fees. A full waiver is generally available if your household income is at or below 125% of the current federal poverty guidelines or you receive certain means-tested public benefits; the court may grant a partial waiver above that threshold. Whether a waiver is granted is up to the judge, based on the financial information you submit.
Serve Your Spouse
Your spouse must receive official notice of the divorce. Options:
- Sheriff Service: The Cook County Sheriff serves the papers for a fee set by the Sheriff's published civil process schedule. Turnaround varies by district and caseload.
- Private Process Server ($100-200): Faster, usually 1-2 weeks.
- Acceptance of Service: Spouse signs a form acknowledging receipt. Free and fastest if cooperative.
- Publication (last resort): If spouse can't be found, publish notice in newspaper. Requires court approval.
Wait for Response (30 Days)
Your spouse has 30 days to file a response (Answer or Appearance). If they don't respond within the time allowed, you may move for an order of default under 735 ILCS 5/2-1301. A default does not guarantee you will receive everything you asked for: notice requirements may apply, and the court must still make the findings the Dissolution Act requires on grounds, property, support, and any children before entering judgment.
If they do respond, the case proceeds to either negotiation/settlement or litigation.
Cook County Courthouse Locations
Depending on where you live in Cook County, you may file at these locations:
Chicago (Downtown)
Daley Center, 50 W. Washington, Room 802
Skokie (North Suburbs)
5600 Old Orchard Road, Skokie
Bridgeview (Southwest)
10220 S. 76th Ave, Bridgeview
Maywood (West)
1500 Maybrook Dr, Maywood
Markham (South)
16501 S. Kedzie Pkwy, Markham
Rolling Meadows (Northwest)
2121 Euclid Ave, Rolling Meadows
Want Help Filing Your Divorce?
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Frequently Asked Questions
Can I file for divorce online in Cook County?
Yes. E-file through eFileIL.gov. It's available 24/7, often faster than in-person filing, and you can pay fees by credit card.
What if I can't afford the filing fee?
Apply for a Fee Waiver if your income is below 200% of federal poverty guidelines. Most qualifying applications are approved.
How long does divorce take after I file?
Timelines vary widely with court calendars, the complexity of the assets, and whether custody is disputed. Uncontested cases typically move considerably faster than contested ones, but no lawyer can promise a particular timeframe. See our complete timeline guide.
Do both spouses have to agree to divorce?
No. One spouse can file and proceed even if the other refuses. Illinois is a no-fault state—you only need to state "irreconcilable differences."
Can I file if my spouse lives in another state?
Yes, if you meet Illinois residency requirements. However, the court may have limited jurisdiction over your spouse's property or custody if they have no connection to Illinois.