Getting divorced with children in Illinois requires filing a Petition for Dissolution of Marriage plus a proposed parenting plan within 120 days, paying a county filing fee of $250 to $388, and meeting the 90-day residency requirement under 750 ILCS 5/401. Illinois replaced "custody" with "allocation of parental responsibilities" in 2016, and courts decide every parenting question using the child's best interests under 750 ILCS 5/602.7.
This guide explains how Illinois law treats divorce with children, what a parenting plan must contain, how child support is calculated under the income-shares model, and the timeline you can expect from filing to final judgment.
Key Facts: Divorce With Children in Illinois
| Factor | Illinois Requirement |
|---|---|
| Filing Fee | $250-$388 (Cook County $388, DuPage $348, rural counties ~$250-$306) |
| Waiting Period | No mandatory cooling-off; ~30-day minimum processing; 6-month separation creates irrebuttable presumption |
| Residency Requirement | 90 consecutive days for at least one spouse before judgment (750 ILCS 5/401) |
| Grounds | Irreconcilable differences only (no-fault since January 1, 2016) |
| Property Division Type | Equitable distribution (not 50/50) under 750 ILCS 5/503 |
| Custody Framework | Allocation of parental responsibilities + parenting time (750 ILCS 5/602.7) |
| Parenting Plan Deadline | 120 days after service or filing (750 ILCS 5/602.10) |
| Child Support Model | Income shares (750 ILCS 5/505) |
| Parenting Class | Required for divorces with minor children (750 ILCS 5/404.1) |
How Illinois Handles Custody in a Divorce With Children
Illinois abolished the word "custody" on January 1, 2016, and now divides parenting into two separate concepts: allocation of parental responsibilities (decision-making) and parenting time (the schedule). Under 750 ILCS 5/602.7, courts presume both parents are fit and allocate parenting time according to the child's best interests, refusing to restrict time unless a parent's conduct would seriously endanger the child by a preponderance of the evidence.
Decision-making responsibility covers four areas: education, health, religion, and extracurricular activities. A court may award these jointly or assign specific categories to one parent. Parenting time is the period each parent is responsible for the child, replacing the old "visitation" label. The statute lists best-interest factors including the caretaking each parent performed in the prior 24 months, the child's adjustment to home and school, the mental and physical health of everyone involved, and the wishes of a child of sufficient maturity. A divorce with children in Illinois therefore turns on documented caretaking history, not gender or marital fault.
The Parenting Plan Requirement
Every parent in an Illinois divorce with children must file a proposed parenting plan within 120 days of service or filing under 750 ILCS 5/602.10. Parents may file jointly or separately, and the court can extend the deadline for good cause. If no parenting plan is filed, the court must hold an evidentiary hearing to allocate parental responsibilities itself.
A parenting plan must contain mandatory elements that make co-parenting workable. The statute requires each parent's right of access to medical, dental, psychological, child-care, and school records; a designation of the parent with the majority of parenting time; the child's residential address for school enrollment purposes; each parent's home address, phone number, and employment information; and a requirement that any parent changing residence give at least 60 days' prior written notice. When parents agree on every point, the signed plan is binding and the court must approve it unless it is unconscionable. When parents disagree, each submits a separate plan and the judge rules on the contested items, producing what Illinois calls an "allocation judgment" rather than a parenting plan. A complete parenting plan reduces conflict and the cost of litigation, because un-agreed issues are the ones that drive contested hearings.
Mediation and the Parenting Class
Illinois courts order two things in nearly every divorce with children: mediation and a parenting education class. Under 750 ILCS 5/602.10(c), the court shall order mediation to help parents formulate or modify a parenting plan unless impediments such as domestic violence exist. Mediation is confidential and non-binding, and agreements reached there become part of the parenting plan submitted to the judge.
The parenting class is required by Illinois Supreme Court Rule 924 and 750 ILCS 5/404.1 in qualifying divorce and parentage cases involving minor children. The program runs at least four hours, covers parenting time and allocation of parental responsibilities and their impact on children, and is educational rather than therapeutic. Each parent pays for their own class, and costs may be assessed by the court as it deems equitable under 750 ILCS 5/404.1(c). Couples with children must complete the class even in an uncontested divorce, and Cook County local rules will not grant a divorce until both parents finish it. Some counties disallow online distance learning, so confirm your county's approved provider list before enrolling. A parent who willfully fails to complete the class within the court's time limit may face sanctions.
How Child Support Is Calculated
Illinois calculates child support using the income-shares model under 750 ILCS 5/505, effective July 1, 2017. The model combines both parents' net incomes, looks up a basic support obligation from the published Illinois Schedule of Basic Obligations, and divides that obligation proportionally based on each parent's share of combined income. For two parents earning a combined $10,000 per month with two children, the basic obligation is approximately $2,068 per month, split by each parent's income percentage.
The calculation follows three steps. First, each parent's gross monthly income converts to net income using a standardized state conversion table rather than an actual tax return. Second, the net incomes combine to find the basic support obligation from the schedule, which varies by income level and number of children. Third, each parent pays their proportional percentage. Illinois applies a shared-parenting formula when a parent has at least 146 overnights per year (40%), multiplying the basic obligation by 1.5 before allocating it. The Gross-to-Net Conversion Table and the Schedule of Basic Obligations are now updated annually, with amounts most recently revised effective March 5, 2025. Courts may deviate from the guideline figure when the child's best interests require it under 750 ILCS 5/505(a)(2).
Property Division and Its Effect on Children
Illinois divides marital property by equitable distribution, not an automatic 50/50 split, under 750 ILCS 5/503. "Equitable" means fair under the circumstances, and one factor courts weigh is the desirability of awarding the family home, or the right to live in it for a reasonable period, to the parent who has the majority of parenting time. This provision directly affects children by allowing them to remain in a familiar home and school district.
Marital property includes assets acquired during the marriage regardless of whose name is on the title, while non-marital property such as inheritances and pre-marriage assets generally stays with the original owner. Courts consider each spouse's contribution, economic circumstances, the duration of the marriage, and the parenting allocation. Because child support and parenting time are decided separately from property, a parent does not "buy" more parenting time by accepting less property, and the two issues are analyzed under different statutes. Parents pursuing divorce with children should understand that the home, retirement accounts, and debts are all part of one equitable balance the court must strike.
Timeline From Filing to Final Judgment
An uncontested Illinois divorce with children can finalize in about 45 to 60 days once the 90-day residency requirement is met, while contested cases typically take 6 to 18 months. Illinois imposes no mandatory cooling-off period when both spouses consent, though courts generally observe a minimum 30-day processing window between filing and judgment, and a Joint Simplified Dissolution carries its own 30-day wait.
The sequence begins when the petitioner files the Petition for Dissolution and pays the county filing fee, then serves the other spouse, who files an appearance and pays a separate fee of roughly $181 to $251. Within 120 days, each parent files a proposed parenting plan. The court orders mediation and the parenting class, the parties exchange financial disclosures, and child support is calculated. If the parties have lived separate and apart for six continuous months before judgment, 750 ILCS 5/401(a-5) creates an irrebuttable presumption that irreconcilable differences caused the breakdown, which the parties may waive by agreement. The case concludes with a final Judgment for Dissolution of Marriage that incorporates the approved parenting plan and support order. Cases with disputed parenting time or high-value assets extend the timeline because they require evidentiary hearings.
What Divorce Costs When Children Are Involved
The court filing fee to start an Illinois divorce ranges from $250 to $388 depending on the county, with Cook County charging $388, DuPage County $348, and many rural counties between $250 and $306. As of June 2026, verify the exact amount with your local circuit clerk, because Illinois has 102 counties and each sets its own fee schedule.
Beyond the filing fee, a divorce with children carries predictable added costs. The responding spouse pays an appearance fee of approximately $181 to $251. Both parents pay individually for the required parenting class. Court-ordered mediation, motions, a guardian ad litem to represent the children's interests, and attorney fees in contested matters all add expense. Parents who cannot afford court costs may apply for a fee waiver under Illinois Supreme Court Rule 298 if household income is at or below 125% of the federal poverty guidelines, submitting an Application for Waiver of Court Fees. Filing fees stated here are accurate as of June 2026. Verify with your local clerk before relying on any figure.