Divorce Agreement in Illinois — Free PDF & Word (2026 Updated)
Terms for dissolution of marriage
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MARITAL SETTLEMENT AGREEMENT (DIVORCE) State of Illinois This Agreement is entered into on [DATE] between: PETITIONER: Name: [PETITIONER NAME] Address: [ADDRESS], IL [ZIP] RESPONDENT: Name: [RESPONDENT NAME] Address: [ADDRESS], IL [ZIP] Date of Marriage: [DATE] Place of Marriage: [LOCATION] 1. GROUNDS: [ ] No-fault/Irreconcilable differences [ ] Other: [SPECIFY] 2. PROPERTY DIVISION: Petitioner receives: [LIST ASSETS] Respondent receives: [LIST ASSETS] Jointly held property: [DESCRIBE DIVISION] 3. DEBTS: Petitioner assumes: [LIST DEBTS] Respondent assumes: [LIST DEBTS] 4. SPOUSAL SUPPORT: [ ] No spousal support [ ] [PAYOR] pays $[AMOUNT] per month for [DURATION] 5. CHILD CUSTODY (if applicable): [ ] Joint legal custody [ ] Sole custody to [PARENT] Primary residence: [PARENT] Visitation schedule: [DESCRIBE] 6. CHILD SUPPORT (if applicable): [PAYOR] pays $[AMOUNT] per month per Illinois child support guidelines. This agreement is governed by Illinois family law (IL Statutes). PETITIONER: _____________________ DATE: _____ RESPONDENT: _____________________ DATE: _____
FAQ: Divorce Agreement in Illinois
Is a Divorce Agreement required in Illinois?
Yes, in Illinois, a Divorce Agreement is required for most transactions of this type. Under Illinois State Code, the document must include all parties' information, be signed, and witnessed by at least one individual. Failure to use a proper Divorce Agreement may result in legal complications.
Does a Divorce Agreement need to be notarized in Illinois?
Notarization requirements in Illinois (IL) vary by transaction type. Notary fees in the state typically range from $1-$5. While not always mandatory, notarization adds an extra layer of legal protection and is recommended for high-value transactions.
What are the tax implications of a Divorce Agreement in Illinois?
Illinois has a base sales tax rate of 6.25%. Depending on the type of transaction documented in your Divorce Agreement, additional local taxes may apply. Consult with a Illinois tax professional for specific guidance on your situation.
Do both spouses have to agree to a divorce?
No, all US states allow no-fault divorce, meaning one spouse can file without the other's consent. However, an uncontested divorce (where both agree on terms) is faster, cheaper, and less stressful than a contested divorce.
How is property divided in a divorce?
Property division depends on your state. Community property states (like California and Texas) split marital assets 50/50. Equitable distribution states divide assets fairly but not necessarily equally, considering factors like income, duration of marriage, and contributions.
Can we write our own divorce agreement?
Yes, spouses can draft their own marital settlement agreement covering property division, spousal support, and child custody. The court must approve it to ensure it's fair and meets state requirements, especially regarding children.
Illinois Divorce Agreement Requirements
Review the following requirements to ensure your Divorce Agreement is legally valid in Illinois.
Illinois Notarization
While notarization may not be required in Illinois, it is recommended. Fees range from $1-$5.
Before You Sign
Review all information carefully. In Illinois, a 6.25% sales tax may apply.
Legal Protection
Keep copies of all signed documents. Illinois law requires all parties to receive copies of executed documents.
Illinois Filing Deadlines
Check Illinois deadlines for filing or recording this document with the appropriate county clerk's office.
Where to File Your Divorce Agreement in Illinois
Visit your local County Clerk office to file or notarize your Divorce Agreement.
Cook County Clerk
Chicago
118 N Clark St, Chicago, IL 60602
Sangamon County Clerk
Springfield
200 S 9th St, Springfield, IL 62701
Peoria County Clerk
Peoria
324 Main St, Peoria, IL 61602
Jennifer Rodriguez, J.D.
Estate Planning Attorney
Licensed in 5 states, 12+ years experience
Focuses on wills, trusts, and power of attorney documents
This Divorce Agreement template for Illinois has been reviewed for accuracy and legal compliance.
Last reviewed: March 2026
Divorce Agreement Costs in Illinois
Estimated fees and processing times
| Fee Type | Cost | Notes |
|---|---|---|
| Notary Fee | $5-$15 (if required) | Illinois standard rate: $1-$5 |
| Filing Fee | Varies by state | State registration (if applicable) |
| Processing Time | 1-3 business days | Typical turnaround in Illinois |
| Sales Tax | 6.25% | Illinois base rate (local taxes may apply) |
| Witness Requirement | 1 witness | Single witness sufficient |
| Our Template | FREE | Download instantly, no cost |
Illinois Divorce Agreement Legal Guide
Under Illinois jurisdiction, this form meets all statutory requirements and provides comprehensive legal protection for your transaction.
For Illinois (IL) residents, this Divorce Agreement is governed by Illinois State Code. Important details: sales tax at 6.25%, notary costs of $1-$5, and a requirement for 1 witness. The document has indefinite validity once properly executed.
This document offers comprehensive legal protection tailored specifically to Illinois's unique statutory framework.
Smart Practices for IL Compliance
Illinois has specific rules that differ from neighboring states. Always verify your document against current IL statutes, especially if you're using a template from a previous year. Laws change, and what was valid last year in Illinois may need updating for 2026.
Legal Validity & Enforcement
Once properly executed, your Divorce Agreement is legally binding in Illinois and enforceable in IL courts. The document remains valid for the duration specified in its terms. Illinois courts generally uphold properly executed documents, provided they comply with applicable IL statutes.
Your Illinois Filing Guide
After downloading, take your time filling in each section. IL statutes require that all information be accurate and current. Once signed by all parties, determine whether Illinois requires you to file the document with a government office, record it with the county, or simply retain it for your records.
What Illinois Law Requires
Illinois's statutes are clear: a valid Divorce Agreement must identify all parties by full legal name, include the date of execution, and be signed in the presence of a notary public where applicable. Failure to meet these requirements under IL law can render the document unenforceable.
Once properly executed, your Divorce Agreement is legally binding in Illinois and enforceable in IL courts. The document remains valid for the duration specified in its terms. Illinois courts generally uphold properly executed documents, provided they comply with applicable IL statutes.
Your Illinois Filing Guide
After downloading, take your time filling in each section. IL statutes require that all information be accurate and current. Once signed by all parties, determine whether Illinois requires you to file the document with a government office, record it with the county, or simply retain it for your records.
What Illinois Law Requires
Illinois's statutes are clear: a valid Divorce Agreement must identify all parties by full legal name, include the date of execution, and be signed in the presence of a notary public where applicable. Failure to meet these requirements under IL law can render the document unenforceable.
Illinois's statutes are clear: a valid Divorce Agreement must identify all parties by full legal name, include the date of execution, and be signed in the presence of a notary public where applicable. Failure to meet these requirements under IL law can render the document unenforceable.
Other Forms in Illinois
Divorce Agreement in Neighboring States
Document Information
- Document
- Divorce Agreement
- State
- Illinois (IL)
- Category
- Family
- Format
- PDF / Word / Print
- Cost
- 100% Free
- Sales Tax
- 6.25%
- Notary Fee
- $1-$5
Illinois Legal Requirements
Governing Statute:
State Law
- ✓Consult with a licensed attorney for specific requirements
Legal Disclaimer
This template is for informational purposes only and does not constitute legal advice. Laws in Illinois may change. Consult a licensed attorney for advice specific to your situation.