Illinois is a pure no-fault divorce state, meaning irreconcilable differences is the only legally recognized ground for dissolving a marriage under 750 ILCS 5/401. Neither spouse must prove adultery, abandonment, cruelty, or any other fault-based ground to obtain a divorce in Illinois. The state eliminated all fault-based grounds in 2016 through Public Act 99-90, making Illinois one of approximately 17 states that exclusively offer no-fault divorce. Filing fees range from $250 to $388 depending on county, with Cook County charging the highest rate at $388 and Kane County among the lowest at $295.
Key Facts: Illinois No-Fault Divorce
| Requirement | Details |
|---|---|
| Filing Fee | $250-$388 (varies by county) |
| Residency Requirement | 90 days minimum |
| Waiting Period | None if both consent; 6 months separation if contested |
| Grounds for Divorce | Irreconcilable differences only |
| Property Division | Equitable distribution |
| Governing Statute | 750 ILCS 5/401 |
What No-Fault Divorce Means in Illinois
No-fault divorce in Illinois means courts grant divorces based solely on irreconcilable differences without requiring proof that either spouse caused the marriage breakdown. Under 750 ILCS 5/401, the court dissolves a marriage when irreconcilable differences have caused an irretrievable breakdown of the relationship, efforts at reconciliation have failed, and future attempts would not serve the family's best interests. Illinois courts do not consider marital misconduct when deciding whether to grant a divorce.
The practical impact of no-fault divorce law in Illinois is significant for divorcing couples. Spouses cannot deny a divorce by claiming innocence or blaming the other party. If one spouse wants to end the marriage, the court will grant the dissolution regardless of the other spouse's objections, provided the statutory requirements are met. This approach reduces courtroom conflict, lowers legal costs, and shortens the divorce timeline compared to fault-based systems.
Illinois joined the no-fault divorce movement in 1984 when irreconcilable differences first became available as a ground for divorce alongside traditional fault-based causes. The 2016 amendments through Public Act 99-90 completed the transition by eliminating all fault-based grounds entirely. Today, divorcing spouses in Illinois should not invest time, money, or emotional energy documenting a spouse's misconduct for use as grounds for divorce because Illinois courts simply do not recognize such claims.
Irreconcilable Differences: The Only Ground for Divorce
Irreconcilable differences under Illinois law means the marriage has broken down beyond repair due to fundamental disagreements or incompatibilities that cannot be resolved. Courts do not require spouses to identify specific differences or prove particular incidents caused the breakdown. The standard is met when one or both spouses genuinely believe the marriage cannot continue, reconciliation efforts have failed or would be futile, and preserving the marriage would not serve family interests.
750 ILCS 5/401(a) establishes the legal standard: the court may enter a judgment of dissolution when irreconcilable differences have caused the irretrievable breakdown of the marriage, efforts at reconciliation have failed or future attempts would be impracticable and not in the best interests of the family. This statutory language gives courts broad discretion while providing a clear framework for dissolving marriages.
How Courts Determine Irreconcilable Differences
Illinois law creates an irrebuttable presumption of irreconcilable differences when spouses live separate and apart for a continuous period of at least six months immediately preceding the divorce judgment. This presumption cannot be overcome by contrary evidence. When both spouses consent to the divorce, no separation period applies, and courts may grant the dissolution immediately after the 90-day residency requirement is satisfied.
For contested divorces where one spouse objects, the six-month separation period establishes the irreconcilable differences presumption automatically. Living separate and apart in Illinois does not require maintaining different residences. Spouses may live in the same house while living separately by occupying different bedrooms, no longer sharing meals, ceasing marital intimacy, and generally conducting separate lives. The key determination is whether spouses continue living as a married couple typically would.
Residency Requirements for Illinois Divorce
At least one spouse must maintain continuous Illinois residency for 90 days immediately preceding the filing of the divorce petition under 750 ILCS 5/401(a). This requirement ensures Illinois courts have proper jurisdiction over the dissolution. Both spouses do not need to reside in Illinois; the residency of just one spouse establishes jurisdiction.
Military personnel stationed in Illinois qualify for divorce jurisdiction even without being Illinois residents. Service members who have been stationed in Illinois for at least 90 days may file for divorce in Illinois courts. This provision recognizes the unique circumstances of military families who may be assigned to Illinois temporarily.
The 90-day requirement applies to entry of judgment, not initial filing. Spouses may file the divorce petition before completing 90 days of residency, but the court cannot enter a final judgment until the residency requirement is satisfied. Venue requirements under 750 ILCS 5/104 specify that divorce proceedings must occur in the county where either the petitioner or respondent resides.
Filing Fees and Court Costs
Illinois divorce filing fees range from $250 to $388 depending on the county where you file. Cook County charges $388 for the initial petition, making it the most expensive filing jurisdiction in the state. DuPage County charges $348, Kane County charges $295, and smaller counties generally fall between $250 and $300. As of March 2026, verify current fees with your local circuit clerk before filing.
| County | Filing Fee | Appearance Fee |
|---|---|---|
| Cook County | $388 | $251 |
| DuPage County | $348 | $218 |
| Kane County | $295 | Varies |
| Other Counties | $250-$350 | $181-$251 |
The responding spouse pays a separate appearance fee ranging from $181 to $251. Additional costs include service of process fees, which run approximately $60 in Cook County for sheriff service. Couples who reach settlement agreements must file additional documents, adding to total court costs.
Fee Waivers for Low-Income Filers
Illinois Supreme Court Rule 298 allows fee waivers for individuals who cannot afford court costs. Eligibility requires household income at or below 125% of federal poverty guidelines. For a single person in 2026, this threshold is approximately $18,500 annually. Qualified applicants submit an Application for Waiver of Court Fees to request relief from filing fees and other court costs.
The No-Fault Divorce Process in Illinois
The Illinois no-fault divorce process begins when one spouse files a Petition for Dissolution of Marriage with the circuit court. The petition identifies both parties, states grounds for divorce (irreconcilable differences), and requests specific relief regarding property division, spousal maintenance, and if applicable, parental responsibilities. The filing spouse is called the petitioner; the other spouse is the respondent.
Step-by-Step Divorce Process
- File Petition for Dissolution of Marriage with required fees
- Serve the petition on respondent through sheriff or private process server
- Respondent files appearance and optional response within 30 days
- Both parties complete mandatory financial disclosures
- Negotiate settlement or proceed to contested litigation
- Submit proposed judgment or attend trial
- Court enters final dissolution judgment
Uncontested divorces where both spouses agree on all terms can conclude within 60-90 days after filing. Contested divorces involving disputes over property, maintenance, or children typically require 6-18 months to resolve. Complex cases with significant assets, business valuations, or custody disputes may extend beyond two years.
Financial Disclosures and Discovery
Illinois requires both spouses to exchange complete financial information during divorce proceedings. Mandatory disclosures include income statements, tax returns, asset inventories, debt schedules, and expense summaries. The discovery process allows parties to request additional documentation, conduct depositions, and hire experts to value complex assets like businesses or professional practices.
Property Division in No-Fault Divorce
Illinois follows equitable distribution for dividing marital property under 750 ILCS 5/503. Equitable distribution means courts divide property fairly but not necessarily equally. The 50/50 split common in community property states does not automatically apply in Illinois. Courts have discretion to allocate more property to one spouse based on relevant circumstances.
750 ILCS 5/503(d) identifies twelve factors courts consider when dividing property: each party's contribution to acquiring or increasing marital property value, dissipation of marital assets by either spouse, the value assigned to each spouse, marriage duration, each spouse's economic circumstances, obligations from prior marriages, any prenuptial or postnuptial agreements, age and employability factors, custodial arrangements for children, whether allocation supplements maintenance, each party's future earning capacity, and tax consequences of the distribution.
Marital vs. Non-Marital Property
Illinois courts only divide marital property during divorce. Marital property includes most assets and debts acquired during the marriage regardless of title. Non-marital property remains with the original owner and includes property owned before marriage, gifts received by one spouse, inheritances, and property excluded by valid prenuptial agreement.
| Property Type | Division Treatment |
|---|---|
| Marital Property | Subject to equitable distribution |
| Non-Marital Property | Remains with original owner |
| Pension Benefits | Presumed marital if acquired during marriage |
| Stock Options | Presumed marital regardless of vesting status |
Pension benefits, retirement accounts, and stock options acquired during marriage are presumed marital property under 750 ILCS 5/503(b). A spouse may overcome this presumption only through clear and convincing evidence that the asset qualifies as non-marital property.
Spousal Maintenance in Illinois
Illinois calculates spousal maintenance using a statutory formula under 750 ILCS 5/504. The guideline formula equals 33.33% of the payor's net income minus 25% of the recipient's net income. Total maintenance cannot exceed 40% of combined net income. This formula applies when combined gross income falls below $500,000 annually.
Maintenance duration depends on marriage length under 750 ILCS 5/504(b-1)(1)(B). Marriages lasting 5 years or less receive maintenance for 20% of the marriage duration. Marriages of 5-10 years receive maintenance for 40% of the marriage length. Marriages of 10-15 years receive 60%, marriages of 15-20 years receive 80%, and marriages of 20 years or more may receive maintenance for the full marriage length or indefinitely at court discretion.
| Marriage Length | Maintenance Duration |
|---|---|
| 0-5 years | 20% of marriage length |
| 5-10 years | 40% of marriage length |
| 10-15 years | 60% of marriage length |
| 15-20 years | 80% of marriage length |
| 20+ years | Full length or indefinite |
Maintenance terminates automatically when the recipient remarries, either party dies, or the recipient begins cohabiting with a new partner in a marriage-like relationship. Courts may deviate from guideline calculations based on factors including each spouse's income, earning capacity, contribution to domestic duties, standard of living during marriage, and health status.
Child Custody: Parental Responsibilities in Illinois
Illinois replaced the terms custody and visitation with parental responsibilities and parenting time through 2016 legislative changes. Under 750 ILCS 5/602.7, courts allocate parenting time according to the child's best interests. Courts consider the wishes of each parent, the child's preferences given their maturity level, each parent's caregiving history, and the child's relationships with parents and siblings.
Significant decision-making responsibility covers major choices in four areas: education, health, religion, and extracurricular activities. Courts may allocate decision-making authority jointly to both parents or assign specific categories to one parent. Parents must submit a proposed parenting plan within 120 days of filing for custody allocation.
Illinois law presumes both parents are fit and does not restrict parenting time unless evidence demonstrates that unrestricted time would seriously endanger the child's physical, mental, moral, or emotional health. Domestic violence, substance abuse, and mental illness may justify parenting time restrictions or requirements for supervised visitation.
Why Illinois Eliminated Fault-Based Divorce
Illinois abolished fault-based divorce grounds through Public Act 99-90 in 2016 based on research showing fault litigation increased costs, prolonged proceedings, and harmed families without producing better outcomes. Before 2016, Illinois law required couples to live separately for two years before obtaining a no-fault divorce unless both consented to a six-month separation period. This requirement trapped many couples in failed marriages while they completed arbitrary waiting periods.
The modern no-fault divorce approach recognizes that forcing courts to determine fault rarely serves justice and often inflicts additional trauma on families, especially children. Documentation of marital misconduct remains relevant only in specific contexts, such as proving dissipation of marital assets under 750 ILCS 5/503(d)(2). Courts consider dissipation when one spouse spent marital funds for purposes unrelated to the marriage during its breakdown.
Contested vs. Uncontested No-Fault Divorce
Uncontested divorce in Illinois occurs when both spouses agree on all terms including property division, maintenance, and parental responsibilities. These cases proceed quickly because no trial is necessary. Both parties may consent to waive the six-month separation requirement, allowing immediate resolution after the 90-day residency period. Uncontested divorces typically cost $1,500-$5,000 in total including filing fees and attorney costs.
Contested divorce occurs when spouses disagree on one or more issues. If one spouse objects to the divorce itself, the six-month separation period applies before courts presume irreconcilable differences exist. Contested cases require discovery, negotiation, and potentially trial. Costs range from $15,000-$50,000 or more depending on complexity. High-asset cases involving business valuations, professional practices, or significant property can exceed $100,000 in legal fees.
| Divorce Type | Typical Timeline | Typical Cost |
|---|---|---|
| Uncontested | 60-90 days | $1,500-$5,000 |
| Contested | 6-18 months | $15,000-$50,000 |
| High-Asset Contested | 1-3 years | $50,000-$100,000+ |
Frequently Asked Questions
What does no-fault divorce mean in Illinois?
No-fault divorce in Illinois means courts grant divorces based solely on irreconcilable differences without requiring proof of marital misconduct. Under 750 ILCS 5/401, neither spouse must prove adultery, abuse, abandonment, or any other fault to obtain a divorce. Illinois has been a pure no-fault state since 2016 when Public Act 99-90 eliminated all fault-based grounds.
How long does a no-fault divorce take in Illinois?
An uncontested no-fault divorce in Illinois takes 60-90 days when both spouses agree on all terms and waive the separation period. Contested divorces require the six-month separation presumption and typically take 6-18 months to resolve. The 90-day residency requirement must be satisfied before any final judgment can be entered regardless of whether the divorce is contested.
Can my spouse stop a no-fault divorce in Illinois?
No spouse can permanently prevent a no-fault divorce in Illinois. Under 750 ILCS 5/401, living separately for six months creates an irrebuttable presumption that irreconcilable differences exist. A spouse may delay but cannot stop a divorce. The objecting spouse's resistance only triggers the six-month separation requirement before courts presume the marriage has irretrievably broken down.
What are the residency requirements for divorce in Illinois?
At least one spouse must reside in Illinois for 90 consecutive days immediately preceding the divorce judgment under 750 ILCS 5/401(a). Both spouses do not need to live in Illinois. Military personnel stationed in Illinois for 90 days qualify even without establishing residency. You may file before completing 90 days, but the court cannot enter final judgment until residency is satisfied.
How much does it cost to file for divorce in Illinois?
Illinois divorce filing fees range from $250 to $388 depending on county. Cook County charges $388, DuPage County charges $348, and Kane County charges $295. The responding spouse pays an appearance fee of $181-$251. Fee waivers are available for households with income at or below 125% of federal poverty guidelines (approximately $18,500 for a single person in 2026). Verify current fees with your local circuit clerk.
Is Illinois an equitable distribution state?
Yes, Illinois divides marital property through equitable distribution under 750 ILCS 5/503. Courts divide property fairly based on twelve statutory factors rather than automatically splitting assets 50/50. Factors include each spouse's contribution to the marital estate, marriage duration, economic circumstances, and future earning capacity. Non-marital property like inheritances and gifts remains with the original owner.
How is spousal maintenance calculated in Illinois?
Illinois calculates maintenance using a statutory formula: 33.33% of the payor's net income minus 25% of the recipient's net income, capped at 40% of combined net income. This formula applies when combined gross income is below $500,000 under 750 ILCS 5/504. Duration depends on marriage length, ranging from 20% of marriage duration for marriages under 5 years to indefinite maintenance for marriages exceeding 20 years.
What is the waiting period for divorce in Illinois?
Illinois has no mandatory waiting period for uncontested divorce when both spouses consent. Contested divorces require six months of living separate and apart to establish the presumption of irreconcilable differences under 750 ILCS 5/401. The 90-day residency requirement represents the only mandatory time period before courts can enter a final divorce judgment in consensual cases.
Can I get a divorce in Illinois if my spouse lives in another state?
Yes, you can obtain a divorce in Illinois if your spouse lives elsewhere, provided you have resided in Illinois for at least 90 days. Only one spouse must satisfy the residency requirement under 750 ILCS 5/401. You must properly serve your out-of-state spouse with divorce papers. Illinois courts can dissolve the marriage but may have limited authority over property division and support if your spouse has no connection to Illinois.
Does marital misconduct affect property division in Illinois?
Marital misconduct generally does not affect property division in Illinois no-fault divorce, with one exception: dissipation. Under 750 ILCS 5/503(d)(2), if one spouse wasted marital assets for purposes unrelated to the marriage during its breakdown, courts may credit the non-dissipating spouse. Examples include spending money on extramarital relationships, gambling losses, or excessive purchases after the marriage began failing.
Author: Antonio G. Jimenez, Esq. | Florida Bar No. 21022 | Covering Illinois divorce law
This guide provides general information about no-fault divorce in Illinois and does not constitute legal advice. Filing fees verified as of March 2026. Consult with an Illinois family law attorney for guidance specific to your situation.