Can You Get a Divorce Online in Illinois?

What online divorce means in Illinois

In Illinois, an "online divorce" usually means three things: filing your documents electronically, finding and filling out forms online, and attending some court dates by video or phone. Much of a divorce can be handled that way, but not all of it, because a judge still has to review the case and enter the judgment.

A typical case moves through the same steps whether you do them online or on paper:

1. One spouse files a petition for dissolution of marriage.
2. The other spouse is served, or voluntarily appears.
3. The other spouse files an Appearance and a Response.
4. The spouses exchange financial information and work out, or litigate, parenting, support, maintenance and property.
5. The court enters a judgment, often at a short final hearing.

For the Cook County version of these steps, read how to file for divorce in Cook County.

E-filing is required for most divorce filings

Yes, you can file for divorce online in Illinois, and in most cases you must. Unless an exception or exemption applies, all documents in civil cases must be electronically filed with the clerk of court using an e-filing system approved by the Supreme Court of Illinois (Illinois Supreme Court Rule 9(a)). A divorce is a civil case, so this applies to the petition, the Appearance, the Response, motions and most other documents.

If you are the spouse who was served, see our guide on how to respond to divorce papers in Illinois.

To e-file, you create an account with an e-filing service provider. Every Illinois civil summons must say so and point to ilcourts.info/efiling for more information (Rule 101(a)). A few practical points from Rule 9:

• Deadlines. Unless a statute, rule or court order requires filing by a certain time of day, a document is timely if submitted before midnight, in the court's time zone, on the due date (Rule 9(f)).
• Rejections. The clerk may reject an e-filed document only for reasons in the published rejection standards (Rule 9(h)). If a document is rejected, you may file a motion within 5 court days of the rejection notice asking that the corrected document be treated as filed on the original date (Rule 9(f)(1)).
• Accuracy. The filer is responsible for the accuracy of the data entered and the content of each document; the court and the clerk are not required to check it (Rule 9(g)).

You may be charged filing fees. If you cannot afford them, you can ask the court to waive them; the summons tells respondents about the Application for Waiver of Court Fees (Rule 101(a)), and the Cook County Domestic Relations FAQ explains fee waivers.

Exemptions from e-filing

Some filers do not have to e-file. Documents are automatically exempt, without a certification, when they are filed by a self-represented litigant in a local jail or correctional facility, or by anyone with a disability, as defined by the Americans with Disabilities Act, that prevents e-filing (Rule 9(d)(1)).

A self-represented litigant who is not a licensed attorney can also be exempt for good cause, shown by filing a Certification for Exemption From E-filing on the standardized form (Rule 9(d)(2), (3)). Good cause exists when the filer:

• does not have computer or internet access at home, or lacks the skills to use it;
• does not have an email account;
• does not have a credit card or bank account;
• has a language barrier or low literacy; or
• has tried to e-file but could not finish the process, and the equipment and technical help needed for e-filing are not available.

The exemption takes effect when the certification is filed. Exempt documents may then be filed in person, by mail, by commercial carrier or by other means the local court allows (Rule 9(e)).

Hearings by Zoom

Some divorce court dates can be attended by Zoom or phone, but whether yours can depends on the court, the judge and the type of court date. The summons itself says the court may allow you to attend the first court date in person or remotely by video or phone, and tells you to contact the Clerk's office or check the court's website to find out (Rule 101(a)).

Before a remote court date:

• Check the summons, the last court order and any notice from the clerk for the courtroom and remote meeting details.
• In Cook County, use our list of Domestic Relations Zoom links and calendars, and confirm the details with the courtroom.
• Ask ahead whether your judge requires approval to appear remotely for a hearing with testimony, such as a final hearing.
• Test your camera, sound and internet connection, and have your documents ready.

Our guide to whether you have to go to court for a divorce explains the Supreme Court rule on remote appearances, and how to prepare for a Zoom court hearing covers the practical side.

What still needs a judge

A judge still has to enter the judgment that ends the marriage, and the court cannot enter it until it has considered, approved, reserved or made provision for the allocation of parental responsibilities, child support, maintenance and the division of property (750 ILCS 5/401(b)). The court must also find that the Section 401(a) requirements are met: irreconcilable differences have caused the irretrievable breakdown of the marriage, and one spouse has lived in Illinois, or been stationed here in the armed services, for 90 days.

In an agreed case, the last step is usually a short hearing. The Cook County Domestic Relations FAQ describes a prove-up hearing as typically the time when a judge finalizes a divorce after both spouses have reached an agreement on all matters and on the final divorce papers. Any settlement agreement must be in writing before an oral prove-up, unless the court approves otherwise for good cause (750 ILCS 5/502(a)).

Online form services and their limits

Online form services can help you fill in divorce documents, but filing, service, hearings and the judgment still happen through the court. Before you pay for one, ask a few questions:

• Are the forms the ones Illinois courts accept? Illinois has statewide standardized forms, and every civil summons points to ilcourts.info/forms (Rule 101(a)).
• Does an Illinois lawyer review anything, or is it form preparation only?
• Who files, serves the other spouse and keeps track of court dates?
• What happens if your spouse disagrees, or a judge asks for changes?

Whatever tool you use, you are responsible for what you file and for meeting your deadlines, because the filer is responsible for the accuracy of the content of any document submitted (Rule 9(g)). Our Cook County family law forms page lists common pleadings for self-represented filers.

Help with your forms or your whole case

If you want to handle your own agreed divorce with a lawyer checking your documents, or you want a lawyer to handle the whole agreed case, the firm offers both. Chicago Family Attorneys handles family law only, for clients in Chicago and Cook, DuPage, Lake and Will Counties, from its office in Chicago.

Self Represented Documents is $399. The fee includes covered document preparation, attorney document review and one sixty-minute advice call; you handle filing, service and court dates. See the divorce and custody document package for what it covers. When every issue is agreed and you want the firm to handle the case, the attorney-handled uncontested divorce is a $1,500 flat fee (court filing fees not included). Fees are confirmed in writing before you engage the firm, and no lawyer can promise a particular result.

Consultations are by phone; a free weekend consultation is available by Zoom. Call 312-965-5618 to talk about which option fits.