Is Illinois a no-fault divorce state?

Yes, Illinois is exclusively a no-fault divorce state. As of January 1, 2016, all fault-based grounds were eliminated. The only ground for divorce in Illinois is irreconcilable differences, meaning neither spouse needs to prove the other did anything wrong.

How long do you have to live in Illinois to file for divorce?

At least one spouse must have been a resident of Illinois for a minimum of 90 days immediately before filing the petition for dissolution of marriage. This is one of the shorter residency requirements among U.S. states.

How is property divided in an Illinois divorce?

Illinois follows the principle of equitable distribution, which means marital property is divided fairly but not necessarily equally. The court considers factors such as the length of the marriage, each spouse's contributions, economic circumstances, and the value of property assigned to each party.

How much does it cost to file for divorce in Illinois?

The filing fee for a divorce in Illinois typically ranges from $250 to $400, depending on the county where you file. Additional costs include attorney fees, mediation fees, and other expenses that vary based on the complexity of the case.

Is there a waiting period for divorce in Illinois?

If both spouses agree that the marriage is irretrievably broken, there is no mandatory waiting period. However, if one spouse contests the grounds for divorce, the court may require a six-month separation period before entering a judgment of dissolution.

How does child custody work in Illinois?

Illinois uses the terms 'allocation of parental responsibilities' and 'parenting time' instead of custody and visitation. The court determines both decision-making authority and parenting schedules based on the best interests of the child, considering factors like each parent's wishes and the child's adjustment to home and school.

How is spousal support (maintenance) calculated in Illinois?

Illinois uses a statutory formula to calculate maintenance when the combined gross income of both spouses is $500,000 or less. The formula considers each spouse's income and provides guidelines for the amount and duration. For combined incomes above $500,000, the court has discretion to set a fair amount.

How long does a divorce take in Illinois?

An uncontested divorce in Illinois can be finalized in as little as two to three months. A contested divorce can take six months to over a year, especially if a six-month separation period is required or if the case proceeds to trial on disputed issues.

Divorce in Illinois: A Complete Guide

Introduction

Filing for divorce is one of the most significant legal and personal decisions a person can make. If you are considering ending your marriage in Illinois, understanding the state's divorce laws is essential to protecting your rights, your finances, and your family. Illinois has undergone major reforms in recent years, most notably the elimination of all fault-based grounds for divorce as of January 1, 2016. Today, Illinois is exclusively a no-fault divorce state, which simplifies the process in many respects but still requires careful navigation of property division, child custody, spousal support, and other critical issues.

This comprehensive guide walks you through every major aspect of divorce in Illinois — from the initial filing requirements to the final decree — so you can approach the process with clarity and confidence.

Grounds for Divorce in Illinois

Illinois is exclusively a no-fault divorce state. As of January 1, 2016, all fault-based grounds for divorce — such as adultery, cruelty, habitual drunkenness, and desertion — were completely eliminated from Illinois law under the Illinois Marriage and Dissolution of Marriage Act (750 ILCS 5).

The sole legal ground for dissolution of marriage in Illinois is irreconcilable differences. This means that to obtain a divorce, you or your spouse must demonstrate that the marriage has broken down irretrievably and that efforts at reconciliation have failed or would be impracticable and contrary to the best interests of the family.

What Does This Mean in Practice?

Because Illinois is a no-fault state, neither spouse needs to prove wrongdoing by the other party. You do not need to present evidence of infidelity, abuse, or any other marital misconduct to be granted a divorce. The court simply needs to be satisfied that irreconcilable differences exist.

If both spouses agree that the marriage is irretrievably broken, the court will generally accept that assertion without further inquiry. If one spouse contests the grounds, the court may require that the parties have lived separate and apart for a continuous period of at least six months before entering a judgment of dissolution. It is important to note that "living separate and apart" does not necessarily mean maintaining separate residences — couples can be deemed to be living separately even while residing under the same roof, provided they are leading essentially separate lives.

Residency Requirements

Before you can file for divorce in Illinois, you must meet the state's residency requirement. At least one spouse must have been a resident of Illinois for a minimum of 90 days immediately preceding the filing of the petition for dissolution of marriage.

This is a relatively short residency requirement compared to many other states, which often require six months or even a full year of residency. However, the 90-day requirement is strictly enforced — if neither spouse meets this threshold at the time of filing, the court will not have jurisdiction to hear the case.

Where Should You File?

Divorce petitions in Illinois are typically filed in the circuit court of the county where either spouse resides. If both spouses live in the same county, that is the appropriate venue. If they live in different counties, the petitioner (the spouse initiating the divorce) may generally file in their own county of residence.

Property Division

Illinois follows the principle of equitable distribution when dividing marital property in a divorce, as governed by 750 ILCS 5/503. Equitable distribution does not necessarily mean an equal 50/50 split. Instead, the court seeks to divide property in a manner that is fair and just, considering a wide range of factors.

Marital Property vs. Non-Marital Property

The first step in property division is distinguishing between marital property and non-marital property:

Marital property generally includes all assets and debts acquired by either spouse during the marriage, regardless of whose name is on the title or account.
Non-marital property includes assets owned by a spouse before the marriage, inheritances and gifts received by one spouse individually during the marriage, and property designated as non-marital by a valid prenuptial or postnuptial agreement.

Only marital property is subject to division. Non-marital property typically remains with the spouse who owns it, although commingling non-marital assets with marital assets can complicate this distinction.

Factors the Court Considers

When dividing marital property equitably, Illinois courts consider factors including but not limited to:

The duration of the marriage
The contribution of each spouse to the acquisition, preservation, or increase in value of marital property (including contributions as a homemaker)
The value of property assigned to each spouse
The economic circumstances of each spouse at the time of division
Any prenuptial or postnuptial agreements
The age, health, and employability of each spouse
Tax consequences of the property division
Whether the division is in lieu of or in addition to spousal maintenance

Child Custody and Parenting Time

Illinois no longer uses the terms "custody" and "visitation." Since 2016, the state has adopted the terms allocation of parental responsibilities and parenting time to better reflect the shared nature of parenting after divorce.

Allocation of Parental Responsibilities

Parental responsibilities encompass all significant decisions regarding a child's upbringing, including education, healthcare, religious training, and extracurricular activities. These responsibilities can be allocated to one parent, shared between both parents, or divided by subject matter — for example, one parent may have decision-making authority over education while the other has authority over healthcare.

Parenting Time

Parenting time refers to the schedule under which each parent spends time with the child. Illinois courts prioritize the best interests of the child when determining parenting time. Factors the court considers include:

The wishes of the child (taking into account the child's maturity and ability to express a reasoned preference)
The wishes of each parent
The child's adjustment to home, school, and community
The mental and physical health of all parties involved
The willingness of each parent to facilitate a close and continuing relationship between the child and the other parent
Any history of domestic violence or abuse

Parenting Plans

Both parents are required to submit a proposed parenting plan to the court within 120 days of the respondent being served. If the parents can agree on a plan, the court will generally approve it. If they cannot agree, the court will create a parenting plan based on the best interests of the child.

Spousal Support (Maintenance)

Spousal support in Illinois is referred to as maintenance (formerly known as alimony). The court may award maintenance to either spouse based on a variety of factors outlined in 750 ILCS 5/504.

Factors for Awarding Maintenance

When determining whether maintenance is appropriate, the court considers:

The income and property of each spouse
The needs of each spouse
The present and future earning capacity of each spouse
Any impairment of earning capacity due to time spent on domestic duties or foregoing career opportunities during the marriage
The duration of the marriage
The standard of living established during the marriage
The age and health of both parties
Any valid prenuptial or postnuptial agreements

Calculating Maintenance

Illinois uses a statutory formula to calculate maintenance when the combined gross income of both spouses is $500,000 or less. The formula takes into account each spouse's gross income and provides guidelines for both the amount and duration of maintenance. For marriages of 20 years or more, the court may award permanent (indefinite) maintenance.

For combined incomes exceeding $500,000, the court has discretion to determine a fair maintenance amount without being bound by the formula.

Filing Process

Filing for divorce in Illinois involves several key steps:

Step 1: Prepare and File the Petition

The process begins when one spouse (the petitioner) files a Petition for Dissolution of Marriage with the circuit court. This document outlines the basic facts of the marriage and the relief sought, such as property division, maintenance, and allocation of parental responsibilities.

Step 2: Serve the Other Spouse

The petition and a summons must be formally served on the other spouse (the respondent). Service can be accomplished through a sheriff, a private process server, or in some cases by certified mail or publication.

Step 3: Response

The respondent typically has 30 days to file a response to the petition. In an uncontested divorce, both parties may agree to the terms and file a joint petition or a marital settlement agreement.

Step 4: Discovery and Disclosure

Both parties are required to make full financial disclosures. In contested cases, the discovery process may involve interrogatories, depositions, and subpoenas to obtain necessary financial and personal information.

Step 5: Negotiation, Mediation, or Trial

Many divorces are resolved through negotiation or mediation, where the parties work out agreements on contested issues with the help of attorneys or a neutral mediator. If the parties cannot reach an agreement, the case will proceed to trial, where a judge will make the final decisions.

Step 6: Judgment of Dissolution

Once all issues are resolved — either by agreement or by the court — the judge enters a Judgment of Dissolution of Marriage, which legally ends the marriage and sets forth the terms of property division, maintenance, and parenting arrangements.

Timeline and Costs

Timeline

The timeline for an Illinois divorce varies significantly depending on whether the divorce is contested or uncontested:

Uncontested divorce: If both parties agree on all terms and there is no mandatory waiting period, an uncontested divorce can potentially be finalized in as little as two to three months from the filing date.
Contested divorce: If the parties disagree on key issues, the process can take six months to over a year, particularly if the six-month separation period must elapse or if the case goes to trial.

Waiting Period

Illinois imposes a six-month separation period if the grounds for divorce (irreconcilable differences) are contested by one spouse. However, if both parties agree that the marriage is irretrievably broken, there is no mandatory waiting period.

Costs

Filing fees: The filing fee for a divorce petition in Illinois typically ranges from $250 to $400, depending on the county. These fees are subject to change, so it is advisable to verify the current fee with your local circuit clerk's office.
Attorney fees: Attorney fees vary widely depending on the complexity of the case, the level of conflict between the parties, and the geographic area. Uncontested divorces may cost a few thousand dollars, while highly contested cases can cost tens of thousands of dollars or more.
Mediation and other costs: Additional expenses may include mediation fees, court reporter fees, expert witness fees (such as appraisers or forensic accountants), and parenting class fees.

Conclusion

Divorce in Illinois is governed by a modern, no-fault framework that aims to simplify the dissolution process while ensuring fair outcomes for both spouses and their children. Whether your divorce is amicable or contentious, understanding the key legal principles — from equitable property distribution to the allocation of parental responsibilities — empowers you to make informed decisions throughout the process.

Every divorce is unique, and the specifics of your situation will determine the best strategy for moving forward. Taking the time to educate yourself on Illinois divorce law is an important first step.

Legal Disclaimer: This guide is provided for informational purposes only and does not constitute legal advice. Divorce laws and procedures can change, and the information presented here may not reflect the most current legal developments. Every divorce case involves unique facts and circumstances. You should consult with a qualified Illinois family law attorney to obtain advice tailored to your specific situation. The authors and publishers of this guide assume no liability for actions taken based on the information contained herein.