Divorce in Illinois: What You Need to Know
Divorce is rarely easy, but understanding how the process works in Illinois can make things less stressful. Whether you’re thinking about filing or are already in the middle of a separation, knowing the legal requirements and what to expect can help you make informed decisions for yourself and your family.
Key Points at a Glance
- Residency requirement: At least one spouse must live in Illinois for 90 days before filing.
- Grounds for divorce: Illinois only recognizes irreconcilable differences (no-fault divorce).
- Process overview: File a petition, serve your spouse, and resolve property, custody, and support.
- Property division: Assets are divided fairly, not necessarily equally.
- Support: Child and spousal support can be modified if financial circumstances change.
Residency Requirements
Before filing for divorce, one spouse must have lived in Illinois for at least 90 days. This ensures that the Illinois courts have legal authority to handle the case. The rule applies equally to all couples, including same-sex spouses.
Grounds for Divorce: Irreconcilable Differences
Illinois is a no-fault divorce state, which means neither spouse has to prove wrongdoing. The only acceptable reason to file is irreconcilable differences — when the marriage has broken down beyond repair.
If you and your spouse have lived apart for six months or more, the court assumes irreconcilable differences exist. However, even if you haven’t been separated that long, you can still file if both agree that the marriage can’t be saved.
Filing for Divorce in Illinois
The divorce process starts when one spouse (called the petitioner) files a Petition for Dissolution of Marriage with the circuit court. The other spouse (the respondent) must then be officially served and has 30 days to respond.
Each county sets its own filing fees, though fee waivers are available for qualifying applicants.
Child Custody and Parenting Time
When children are involved, the court’s main goal is always the best interests of the child. Judges look at factors such as:
- The child’s relationship with each parent
- Each parent’s involvement and ability to meet the child’s needs
- The child’s adjustment to home, school, and community
- The wishes of the child (depending on their age and maturity)
If parents can’t agree on a plan, they’re usually required to attend mediation and complete parenting education classes to help reduce conflict and protect the child’s well-being.
Dividing Marital Property and Debts
Illinois follows the rule of equitable distribution, meaning assets and debts are divided fairly rather than equally. The court considers:
- How long you were married
- Each spouse’s income, debts, and financial contributions
- The value of non-marital property
- Each person’s future earning potential
Marital property includes most assets and debts acquired during the marriage — like homes, cars, bank accounts, and retirement plans. Non-marital property (such as assets owned before marriage or inherited gifts) typically remains with the original owner, unless it’s mixed with shared marital assets.
Child Support in Illinois
Illinois uses an income-shares model to calculate child support. This formula considers both parents’ incomes, parenting time (overnights), and any other dependents.
The goal is to ensure both parents share the financial responsibility for raising their children, even after the divorce.
Spousal Support (Maintenance)
Spousal support, or maintenance, may be awarded when one spouse earns significantly more than the other. Illinois uses a general formula:
(33% of the payer’s income) – (25% of the recipient’s income)
However, judges can adjust or waive this formula depending on each couple’s circumstances. Temporary maintenance may also be ordered while the divorce is ongoing to help one spouse cover living expenses.
Contested vs. Uncontested Divorce
Uncontested Divorce
An uncontested divorce happens when both spouses agree on all issues — property, custody, and support. It’s usually quicker, cheaper, and less stressful than going to trial.
Contested Divorce
A contested divorce occurs when spouses disagree on one or more major issues, requiring the court to decide. Contested cases often take longer and involve more legal fees, but sometimes they’re necessary to protect each person’s interests.
Alternatives to Divorce
Divorce isn’t the only legal option for couples in Illinois. Depending on your situation, you may consider:
- Legal Separation: Allows couples to live apart while remaining legally married. The court can still divide property and order child or spousal support.
- Annulment (Judgment of Invalidity): A legal ruling that a marriage was never valid, typically due to reasons like fraud, coercion, or incapacity.
These alternatives can be helpful for those who want to separate legally without fully dissolving the marriage.
Final Thoughts
Ending a marriage is a major life decision — emotionally, financially, and legally. But understanding the Illinois divorce process can make it far less daunting.
From residency rules to custody and financial arrangements, the goal of Illinois law is fairness for both spouses and protection for children. Taking the time to learn the process, explore your options, and seek legal guidance can help you move forward with clarity and confidence.
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