- Residency requirement
- 90 days
- Waiting period
- No mandatory period
- Grounds
- No-fault only
- Property division
- Equitable distribution
- Where to file
- Circuit Court
Residency requirements in Illinois
Before a Illinois court can grant a divorce, residency must be established: 90 days. If you recently moved, you may need to wait or file in the state where you or your spouse previously lived.
Grounds for divorce
Illinois is a no-fault state. You only need to show the marriage is irretrievably broken or that irreconcilable differences exist — you don’t need to prove wrongdoing.
How long a divorce takes in Illinois
The mandatory waiting period is no mandatory period. Uncontested cases often finish soon after that period ends, while contested cases can take many months depending on the issues and the court’s calendar.
Dividing property and debt
Illinois follows equitable distribution. Courts divide marital property fairly, which isn’t always 50/50, considering factors like the length of the marriage, each spouse’s income and contributions, and future needs.
Custody and child support
Illinois courts decide custody based on the best interests of the child and calculate child support using state guidelines based on both parents’ incomes. Parents are encouraged to agree on a parenting plan.
Filing in Illinois
Divorce cases are filed in the Circuit Court in the county where you or your spouse lives. Filing fees vary by county; fee waivers are available if you qualify. Most courts post forms and self-help resources online.
Related: How to file for divorce · Child custody explained
Laws change. This summary is general information for Illinois and may not reflect the latest updates or local court rules. Confirm details with a licensed Illinois attorney.
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