In Illinois, a divorce proceeding begins when one spouse files a petition for the dissolution of marriage. The other spouse is then notified. If the divorce is contested, the process moves on to address legal issues like property division and parental responsibilities. The case is finally settled when the judge signs the final judgment of dissolution.
At each stage, the family court keeps records of the process. Divorce records include personal information about the people involved. Even though this information is sensitive, most states make divorce decrees available to the public. So, are divorce records public in Illinois? Let’s take a look at what the law says.
Illinois’ Take on Public Records
The Freedom of Information Act (FOIA) states that the general public may be able to access details about a divorce. However, the accessibility may vary depending on the nature of the record.
Documents that state information, like divorce certificates, are easier to obtain. They usually contain information like names of the parties, date of the event, dates of birth, and the city or county where the divorce took place.
In contrast, certified divorce decrees can only be obtained by authorized individuals. These documents include details such as court proceedings, alimony, and the division of finances. Much of this information is sensitive and plays an important role in legal matters.
Due to the personal nature of these records, they can be harder to locate and access compared to other types of public records. Often, these records are not available through government sources or third-party public record websites.
What Kind of Divorce Records Are Available in Illinois?
There are three types of divorce records available in Illinois. However, not all of them are available for the general public to view.
- Divorce Certificates: Also known as Dissolution of Marriage Verification. These are the only records that are available to the general public. This is a document that includes the factual information related to divorce. In other words, it provides verifiable details such as the names of the parties involved and the location of the divorce. The Dissolution of Marriage Verification can be obtained from the Illinois Department of Public Health (IDPH).
- Divorce Case Files: Commonly known as court proceedings, these documents include any paperwork filed during the divorce process. This usually covers testimonies from either party, the plaintiff’s complaint, the defendant’s response, summons, pleadings, and all other related materials.
- Divorce Decree: When it comes to obtaining divorce records, the divorce decree is the most difficult document to get approved. It serves as the final court decision and outlines the specific terms set during the trial. These terms include obligations such as child support, alimony payments, the division of assets and liabilities, as well as other case-specific details. In Illinois you can obtain a divorce decree from the Clerk of the Circuit Court in the county where the divorce was finalized.
Who Can Obtain Divorce Records in Illinois?
Copies of the Dissolution of Marriage Verification are the only records accessible to the general public.
Certified copies of divorce records are restricted and available only to the individuals named in the records, close family members, legal representatives, and those who can demonstrate a legitimate legal interest in accessing the records.
Can You Get Illinois Divorce Records Online?
The state of Illinois does not provide divorce records online. You won’t find these records on any official state website. Each type of document has its own process for access depending on the nature of the record.
That said, some records considered public might be available through third-party websites. PublicRecord.com simplifies the search process by scanning through available records and compiling them into an easy-to-read report for your convenience. These searches aren’t limited by geographic location, and you don’t need to provide an official ID to access the information.
To begin a search, head over to the reverse look up tool and simply enter:
- The full name of the person involved in the record
- The location or presumed location of the record or person involved. This refers to details like the city, county, or state where the person lives or where the incident took place. If you don’t know this information, you don’t need to provide it, but it will help narrow down your search.
Simply having the phone number or address of the registrants can help you obtain a record as well. Using Public Records’ reverse address lookup or phone lookup allows you to access reliable and accurate information quickly.
The information you get from PublicRecord.com is completely legal. The website gathers data that is already publicly available online. This saves you from spending time on extensive online searches and piecing together information, and it is not affiliated with any government agencies.
That said, it’s important to recognize that reverse lookup tools have limitations. Use the information as a reference rather than a certified copy, and be prepared to verify the details further if needed.
How Do I Obtain Divorce Records in Illinois?
The first step in obtaining an Illinois divorce record is to determine exactly which type of record you need. The process for accessing these records varies depending on the specific document. Keep in mind that marriage and divorce records contain highly sensitive information and are often treated as private with some even being sealed.
Because of this, availability of any marriage or divorce record is not always guaranteed.
Steps to Obtain a Divorce Certificate in Illinois
To obtain a dissolution of marriage verification, you need to contact the Illinois Department of Public Health (IDPH). Requests can be made by mail, fax, or in person. The IDPH is able to verify details of dissolutions of marriage that were finalized from 1962 onward. Keep in mind, this verification provides factual information but does not issue certified copies of the certificate.
By Mail
All applicants must submit a completed Application for Verification of Dissolution of Marriage/Civil Union Record Files form. Each verification carries a small fee.
Include a letter with the full names of the divorced parties, the date and location of the dissolution, and their dates of birth. Attach the completed application or letter along with a check or money order payable to the Illinois Department of Public Health and a copy of your valid government-issued ID.
Processing by mail can take up to six weeks.
By Fax
To obtain a Dissolution of Marriage Verification by fax, send the completed application form to the contact number provided online.
Make sure to include your signature, a return mailing address, a daytime phone number with area code, and a copy of a valid government-issued photo ID.
Also, provide payment information including your credit card number and expiration date. Fax fees may vary based on the verification cost, credit card processing fee, and UPS shipping charges. For group orders, you might need to include extra verification forms.
Faxed requests usually take up to seven business days to process.
In Person
To obtain a Dissolution of Marriage Verification in person, visit the IDPH’s Division of Vital Records office on a weekday between 10:00 a.m. and 3:00 p.m., excluding holidays.
For other divorce records, such as divorce decrees and case files, you need to contact the Office of the Clerk of the Circuit Court in the county where the divorce was finalized. You must submit a formal request form along with a government-issued ID. Make sure you have proper authorization to access these records or your request will be denied.
What if I Want to Seal My Divorce Records in Illinois?
If you believe your divorce records might be used for unlawful purposes, you have the option to request that they be sealed. Sealing divorce records requires a court order from a judge. The party seeking to seal the records must submit an application to the court clearly stating the reasons for the request.
If the court finds the reasons valid, it will grant the request and seal the records in Illinois. Common reasons for sealing divorce records include serious safety concerns such as threats to privacy, issues related to abuse or violence, and the need to protect one’s identity.
The court may decide to seal the entire record or remove only certain information. Once sealed, these records become accessible only if the court order is lifted or if the judge grants specific permission to view them.
So Are Divorce Records Public in Illinois?
In Illinois, divorce records are generally considered public. The Illinois Freedom of Information Act (FOIA) gives citizens the right to access and review records held by state government agencies, including divorce records, to promote accountability and transparency.
However, not all files are open to the public. Certain details may remain private if the court specifically approves such a request.
A Dissolution of Marriage Verification, which includes basic information like names, dates, and locations, is readily available for public access. On the other hand, obtaining certified copies of the divorce decree often requires following stricter legal procedures.
Right now, you can’t get divorce records online from official state sources, but some third-party sites do offer search services for public records. No matter where you find the information, double-check that it’s accurate and trustworthy before you use it.
