When marriages end in Illinois, the state creates official documentation through Illinois divorce records that serve as legal proof of the dissolution. These public records contain important information about the divorce proceedings and are maintained by various government agencies throughout the state. Understanding how to access these records and what information they contain can be essential for legal, financial, or personal reasons.
What Are Illinois Divorce Records?
Illinois divorce records are official documents created and maintained by the state that document the legal dissolution of marriages and civil unions. These court records serve multiple purposes, including providing legal proof of divorce status, supporting future legal proceedings, and maintaining historical documentation of family law cases.
The state recognizes several ways a marriage can end, each generating different types of documentation. A dissolution of marriage, commonly known as divorce, occurs when a court legally terminates a marriage. Legal separation allows couples to live apart while remaining legally married, with formal agreements about support and other issues. Declaration of invalidity of marriage, formerly called annulment, treats a marriage as if it never legally existed due to specific circumstances that made the original union invalid.
Illinois operates under a "no-fault" divorce system, meaning either spouse can file for divorce based on irreconcilable differences without proving wrongdoing by the other party. This system, established under the Illinois Marriage and Dissolution of Marriage Act, streamlines the divorce process while still maintaining comprehensive record-keeping requirements.
Types of Divorce Records Available
Illinois maintains several different types of divorce-related documents, each serving distinct purposes and having different access requirements.
Dissolution of Marriage Verification represents the most accessible form of divorce records for the general public. These documents contain basic facts about the divorce, including the names of both parties, their dates of birth, the date the divorce was finalized, and the city or county where it occurred. The Illinois Department of Public Health maintains these verifications for divorces that occurred from 1962 onward.
Divorce Decrees contain the judge's final judgment and decision in a divorce case. These comprehensive documents include specific terms of the settlement, such as child support arrangements, alimony payments, property division, debt allocation, and custody arrangements. Divorce decrees serve as the official legal document proving the divorce and establishing the terms both parties must follow.
Divorce Case Files represent the complete collection of court documents filed throughout the divorce process. These files contain the original complaint filed by the plaintiff, the defendant's response, witness testimony, evidence presented, court motions, pleadings, summons, and all other related documents. Case files provide the most comprehensive view of the divorce proceedings but are also the most detailed and potentially sensitive.
Public Access and Privacy Considerations
Illinois divorce records are generally considered public records under the Illinois Freedom of Information Act, meaning members of the public can access certain information about divorces. However, the level of access varies significantly depending on the type of record and the requester's relationship to the parties involved.
The Illinois Vital Records Act restricts access to certified divorce records to authorized persons only. These authorized individuals include the people named in the records, their immediate family members, legal representatives, and others who can demonstrate a legitimate legal interest in the records.
Record Type | Public Access Level | Available Information |
Dissolution Verification | General Public | Names, dates of birth, divorce date, location |
Divorce Decree | Restricted Access | Complete settlement terms, legal decisions |
Case Files | Restricted Access | All court documents and proceedings |
Courts may seal divorce records in exceptional circumstances where privacy concerns outweigh the public interest in transparency. Sealing typically occurs when records contain information that could endanger personal safety, particularly involving children, or when sensitive medical or mental health information could be misused. However, courts are generally reluctant to seal records and require compelling evidence that sealing serves important interests.
Where to Find Illinois Divorce Records
Different types of divorce records are maintained by different government agencies throughout Illinois, requiring requesters to contact the appropriate office based on their specific needs.
Illinois Department of Public Health maintains dissolution of marriage verifications for divorces that occurred from 1962 to the present. This state agency can verify the basic facts of a divorce but cannot provide certified copies of complete divorce records. The Department of Public Health serves as the central repository for divorce verification services across all Illinois counties.
Circuit Court Clerks in each county maintain the complete divorce case files and can issue certified copies of divorce decrees. Since divorces are processed through the circuit court system, the clerk of the circuit court in the county where the divorce was granted holds the official records. Each of Illinois's 102 counties has its own circuit court clerk's office that maintains records for divorces processed in that jurisdiction.
Major counties like Cook County, which includes Chicago, have developed sophisticated online systems for searching court records. The Cook County Clerk of the Circuit Court provides online case information services that allow users to search for basic information about divorce cases, though complete records typically require an in-person visit or formal request.
How to Obtain Illinois Divorce Records
The process for obtaining divorce records varies depending on the type of record needed and the agency that maintains it. Understanding these different processes helps ensure efficient access to the required documentation.
Obtaining Dissolution of Marriage Verification
The Illinois Department of Public Health offers multiple methods for requesting dissolution of marriage verification, each with different processing times and costs.
Mail Requests require completing an Application for Verification of Dissolution of Marriage/Civil Union Record Files or sending a detailed letter with specific information. The request must include the names of both parties, their dates of birth, and the date and location of the divorce if known. Requesters must also include a $5 fee payable to the Illinois Department of Public Health and provide a copy of valid government-issued photo identification.
Fax Requests follow a similar process but include additional fees for expedited service. The total cost for fax requests is $37.45, which includes the $5 verification fee, a $12.95 credit card handling fee, and a $19.50 UPS delivery fee. Fax requests should be sent to (217) 523-2648 and typically process within seven business days.
In-Person Requests can be made at the Illinois Department of Public Health Division of Vital Records office in Springfield. The office operates Monday through Friday from 10:00 a.m. to 3:00 p.m., excluding holidays. In-person requests offer the fastest processing time but require travel to the Springfield location.
Obtaining Court Records and Decrees
Divorce decrees and case files must be requested through the clerk of the circuit court in the county where the divorce was granted. This process typically involves:
• Identifying the correct county: Determine which county processed the divorce, as records are maintained locally rather than at the state level • Contacting the circuit clerk: Each county has its own procedures and fees for accessing divorce records • Providing proper identification: Most counties require valid identification and may restrict access based on relationship to the parties • Paying applicable fees: Costs vary by county and type of service requested, with certified copies typically costing more than simple searches
Many Illinois counties now offer online case search capabilities that allow users to find basic information about divorce cases, including case numbers and general status. However, obtaining complete records usually requires submitting formal requests or visiting the courthouse in person.
Costs and Processing Times
The costs associated with obtaining Illinois divorce records vary depending on the type of record, the requesting method, and the county involved.
State-Level Verification Services through the Illinois Department of Public Health maintain consistent pricing across the state. Basic dissolution of marriage verification costs $5 when requested by mail or in person. Fax requests cost significantly more due to additional service fees, bringing the total to $37.45 for expedited processing and delivery.
County-Level Services vary widely in both cost and processing procedures. Some counties charge minimal fees for basic record searches, while others may charge $10 or more for certified copies of divorce decrees. Complex requests involving multiple documents or extensive case files may incur additional costs.
Processing times also vary by request method and agency workload. Mail requests to the Illinois Department of Public Health typically take four to six weeks, not including delivery time. County clerk offices may process requests more quickly, especially for in-person visits, but processing times can extend during busy periods or when records require retrieval from storage.
Service Level | Request Method | Cost | Processing Time | Notes |
State-Level (Illinois Department of Public Health) | Mail / In-person | $5 | 4-6 weeks (plus delivery) | Basic dissolution of marriage verification |
Fax (Expedited) | $37.45 | Faster (expedited processing & delivery) | Includes additional service fees | |
County-Level (Clerk Offices) | In-person / Mail | Varies ($10+ typical for certified copies) | Often quicker than state level; may extend during busy periods | Fees vary by county; additional costs for complex/multiple document requests |
Online Access and Digital Records
Illinois has made significant investments in digitizing court records and providing online access to public information. However, the availability of online divorce records varies considerably across the state's 102 counties.
Large Counties like Cook County, Lake County, and Madison County have developed comprehensive online systems that allow users to search case information and view basic details about divorce cases. These systems typically provide case numbers, filing dates, party names, and general case status, but may not include complete document access due to privacy and technical limitations.
Smaller Counties may have limited online capabilities or may still rely primarily on paper-based record systems. Some counties contract with third-party providers to offer online record access, while others require all record requests to be processed manually.
The Illinois Supreme Court's Electronic Access Policy governs what information can be made available online, generally limiting access to basic case information rather than complete court documents. This policy balances public access interests with privacy concerns, particularly regarding sensitive information that might be contained in divorce records.
Legal Considerations and Uses
Illinois divorce records serve various legal and practical purposes that extend well beyond simply proving that a divorce occurred. Understanding these uses helps explain why maintaining accurate and accessible records remains important for both individuals and institutions.
Legal Proceedings often require certified copies of divorce decrees to establish current marital status, enforce support obligations, or modify existing court orders. Family law attorneys frequently need access to previous divorce records when handling related cases involving the same parties.
Financial Institutions may request divorce records when evaluating loan applications, particularly when determining an individual's financial obligations or income sources. Mortgage lenders commonly require copies of divorce decrees to understand property ownership and support payment obligations.
Government Agencies use divorce records for various administrative purposes, including determining eligibility for certain benefits, verifying family relationships, or processing immigration applications where marital status affects legal standing.
Personal Documentation needs may arise when individuals need to prove their current marital status for remarriage, international travel, or other official purposes. Having ready access to appropriate divorce documentation can streamline these processes.
Protecting Privacy in Divorce Records
While Illinois divorce records are generally public, parties going through divorce can take steps to protect sensitive information from becoming part of the permanent public record.
Settlement Agreement Incorporation allows parties to reference their detailed financial settlements in the final judgment without including the complete terms in the public record. This approach keeps specific details of property division and support arrangements private while still creating an enforceable court order.
Exhibit References enable parties to attach sensitive documents to court filings without making them part of the permanent public record. This technique works particularly well for financial statements, medical records, or other confidential information that supports legal arguments but doesn't need to remain publicly accessible.
Alternative Dispute Resolution methods like mediation keep negotiations and settlements completely private since they occur outside the court system. When parties reach agreements through mediation, only the final settlement terms become part of the court record, maintaining privacy around the negotiation process and detailed discussions.
The ongoing digitization of court records continues to improve access while maintaining appropriate privacy protections, making Illinois divorce records more accessible to those who need them while protecting sensitive information from unnecessary public exposure.