Illinois Divorce Records: Official Certificates, Decrees, and Search Options
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In Illinois, divorce records, officially known as dissolution of marriage records, are legal documents that confirm a marital union was lawfully terminated in the state. These records are primarily issued by the Illinois Circuit Courts and serve several critical functions, such as estate settlement and verifying eligibility for remarriage. Additionally, divorce records contribute essential statistical data that aids government agencies and legislative bodies in developing and implementing public programs and policies.
Due to their critical applications, access to divorce records is governed by state law and other regulations. However, the precise level of access (i.e., who may obtain the documents and under what conditions) varies from state to state.
In 2023, Illinois' divorce rate was 1.2 per 1,000 population, reflecting a minimal increase (9.1%) from the 2022 rate of 1.1 per 1,000 population. Despite this rise, Illinois still maintains one of the lowest divorce rates in the country, which is significantly less than the national average of 2.4 per 1,000 population, as calculated across 45 reporting states and DC (CDC National Center for Health Statistics).
Official Types of Divorce Documentation in Illinois
The following kinds of divorce documentation are available in the State of Illinois:
- Divorce Decree: This is the official court order that formally ends a marriage.
- Divorce Case File: A compilation of documents, information, and other materials produced, filed, or collated during a divorce court proceeding.
- Dissolution of Marriage (Divorce) Verification: An official letter issued by the State Vital Records Office, based on divorce indexes that the department maintains.
The table below summarizes these core divorce record types and their contents.
| Document Type | Issued By | Purpose | Contains |
|---|---|---|---|
| Dissolution of Marriage Verification | Illinois Department of Public Health (IDPH), Division of Vital Records | Confirms a divorce occurred in Illinois based on the state's divorce indexes. Typically used when proof of divorce is required, but the actual decree is not needed. | Names, dates of birth, date of event, and city/county of event |
| Divorce Decree/ Final Judgment | Circuit Court | Legally dissolves a marriage and sets out the terms of the final judgment | Custody arrangements, asset and debt division, child support, spousal alimony or maintenance, name changes, visitation, and other settlement terms |
| Divorce Case File | Circuit Court | Documents the complete divorce case proceedings | Responses/answers, motions, petitions, affidavits, settlement agreements, evidence, orders, final judgment, etc. |
Public Access and Confidentiality of Illinois Divorce Records
Public access to Illinois divorce records is dependent on the record type. Divorce records (decrees and case files) maintained by the Illinois Circuit Courts are presumed open to the public under Supreme Court Rule 8 and the applicable Illinois statutes. (Note: The Illinois Freedom of Information Act does not govern access to court case records.)
However, certain exclusions affect the public's access. In some cases, the entire file or record may be fully exempt from the presumption of openness. In others, only particular portions of a record or file may be redacted, with the remaining contents considered publicly disclosable. Examples of confidential court-issued divorce records include
- Psychological and medical records
- Personal identifiers, such as taxpayer identification numbers, Social Security numbers, and financial account numbers
- Records sealed by judicial order
On the other hand, vital records (birth and death records) managed by the Illinois Department of Public Health are not considered public records, as per Section 410 ILCS 535/24 and Section 500.20 of the Illinois Vital Records Code. These can only be requested by eligible applicants, such as the person named on the record (18 years or older) and their parents. However, anyone can request a divorce verification letter from the IDPH.
The address and contact information for the IDPH's regional offices, as well as the independently operated local health departments, can be found on the department's official website.
What Information Do Illinois Divorce Records Include?
Generally, the specific details within an Illinois divorce record differ based on the record type and the issuing authority (or records custodian). Court-maintained records typically offer more comprehensive information compared to the verification letters provided by the IDPH, which only provide limited data about a divorce. Divorce records maintained by the Illinois courts may include the following:
Divorce Case Information: Basic data about a divorce case that a court maintains in its case management system, such as
- The names of the litigants and their attorneys
- Case number
- Case type and status (open/active, closed/disposed, etc.)
- Filing date
- Presiding judge and court location
- Scheduled hearing dates
- Case outcome
Divorce Case Documents: These are the individual filings and materials generated or filed during the proceedings, which are contained within the Divorce Case File. They include
- Petitions
- Answers/responses
- Motions and supporting briefs
- Affidavits
- Exhibits and evidence
- Court orders and notices
- Settlement agreements
- Parenting plans
- Final judgment or decree
- Hearing or trial transcripts
Procedures for Locating Divorce Records in Illinois
To locate a divorce record in Illinois, the interested person will need to contact or query the record's custodian's office. This office may be the Circuit Clerk's Office, located in the county where the marriage was terminated, or the Illinois Department of Public Health, Division of Vital Records. The following table provides details on Illinois divorce record custodians (or sources), their record coverage years, and the associated copy fees.
| Record Source | Office or Platform | Years Covered | Access Type | Fees |
|---|---|---|---|---|
| Vital Records Division | Illinois Department of Public Health | 1962-present | Dissolution of Marriage Verification | $5 per copy |
| Circuit Court Clerks | Public Access or Case Search Systems | Varies | Case search | Free |
| Circuit Court Clerks | Local Circuit Courts | All years | Divorce decrees and case files | Varies |
How to Request Certified Copies of Divorce Records in Illinois
In Illinois, the process for requesting a certified copy of a divorce record varies depending on the specific clerk's office holding the record. Certified copies are the official duplicates of an original record. They bear the court's seal and are legally recognized as true, accurate, and complete reproductions for official uses, such as immigration, name changes, and legal claims.
To obtain certified copies of divorce records (such as a decree) from the Illinois Circuit Courts, one may generally follow these steps:
- Step 1. Pinpoint the County of Decree
Each county in Illinois is part of the state's 25 judicial circuits. The proper county is where the divorce was finalized, and the appropriate court to query is the circuit court that oversees that county.
- Step 2. Contact the Circuit Clerk's Office
The Illinois judiciary publishes a list of Circuit Court Clerk Offices by Circuit, which is handy for obtaining the address and contact details of circuit clerks in Illinois. Individuals who contact the clerk can obtain request procedures, fees, and acceptable payment methods. This information may also be available on the clerk's official website.
- Step 3. Submit a Copy Request to the Circuit Clerk's Office
Clerks may furnish request forms that requesters can fill out to order certified copies of divorce records. An example is the Madison County Circuit Clerk's Copy Request Form.
If no form is provided, the requester may prepare a letter containing all relevant details that can help identify the record (e.g., litigant names, filing/decree dates, case numbers) and submit it to the clerk.
Clerks typically accept certified copy requests by mail, email, or in person, with in-person requests considered the fastest option for same-day document retrieval.
- Step 4. Pay the Record Fee
A charge per document applies to certify any court record, including decrees. This fee must usually be included with the request; however, it varies by court. For this reason, current rates should be confirmed with the relevant clerk's office.
Note: Certified copies of dissolution of marriage records in Illinois are exclusively available from the circuit clerk's office in the county of decree (where the divorce was granted). Although the IDPH issues dissolution of marriage verifications (for both marriages and civil unions), these documents are not certified copies and solely confirm the facts of a marriage dissolution.
Access to certified copies of Illinois divorce records and some potential legal uses are summarized in the table below.
| Copy Type | Where to Request | Who Can Order | Legal Use |
|---|---|---|---|
| Certified Decree or Divorce Case Document | Circuit Court Clerk's Office | Anyone unless restricted by law or court order | Enforcement of court orders, proof of divorce, updating legal identification, etc. |
Why Search for Divorce Records in Illinois?
Divorce records serve various legal and administrative functions in Illinois, making them frequently sought by various individuals and entities. These include the record holders (former spouses), legal professionals, journalists, researchers, genealogists, estate administrators or executors, child support enforcement agencies, employers, and pension agencies.
The primary purpose of a divorce record is to officially establish the dissolution of a marriage. This confirmation may be necessary to change one's name, update marital status on government or financial documents, navigate immigration processes, settle the estates of deceased individuals, ascertain eligibility for pension benefits, or enforce or modify existing court orders.
How Long Are Divorce Records Kept in Illinois?
Within the Illinois judicial system, divorce records are permanently maintained by the circuit court clerks' offices. The Illinois Supreme Court's Manual on Recordkeeping presents that the basic record of a divorce case may be destroyed five years after the entry of the latest order, provided a permanent record has been created. This permanent record, which can be in microfilm, electronic media, or other archival forms, consists of the basic record and all necessary indexes, although it may omit certain items or documents from the basic record.
The original trial court record, referred to as the basic record, encompasses all documents (excluding proposed, issued, or draft documents; exhibits received during the hearing/trial; and other specified records). It also includes the Record Sheet, a chronological register of all filed documents, entered orders, and proceedings held in a case.
Similarly, the Illinois Department of Public Health maintains permanent indexes containing summary information, which are used to verify the dissolution of marriages and civil unions.