Divorce in Illinois (IL)

If you are considering a divorce in Illinois, understanding the specific statutes that apply to your case is essential before you take any action. The rules governing residency, property division, support, and custody are set by state law — and Illinois's framework differs in important ways from other states.

Key Requirements at a Glance

Grounds for Divorce in Illinois

No-fault only (since 2016): irreconcilable differences with 6-month separation (presumption) or 2-year separation (conclusive)

Because Illinois is a no-fault state, courts do not examine marital misconduct when deciding whether to grant the divorce. However, fault can still be relevant in some states when determining property division or alimony.

Property Division: Equitable Distribution

Equitable distribution — courts consider contributions of each spouse, duration of marriage, and economic circumstances

Separate property — assets owned before the marriage, inherited during the marriage, or received as a personal gift — is generally excluded from division. However, separate property can become "commingled" with marital property and lose its separate character if not carefully maintained. Real estate mortgages, retirement accounts, and business interests are particularly complex and often require a forensic accountant or QDRO specialist.

Alimony & Spousal Support

Maintenance calculated by formula: 33.3% of payor's net income minus 25% of payee's net income. Duration follows a graduated schedule based on marriage length.

Temporary support (also called alimony pendente lite) may be ordered during the proceedings to maintain the status quo. Post-divorce support is a separate determination. Either party can request modification if there is a substantial change in circumstances — such as job loss, disability, or remarriage of the recipient.

Child Custody & Parenting Time

Illinois uses "parental responsibilities" (legal) and "parenting time" (physical). Courts allocate responsibilities based on best interests; significant decision-making can be shared or allocated to one parent.

Courts distinguish between legal custody (decision-making authority over education, healthcare, and religion) and physical custody (where the child lives). Shared legal custody is common even when one parent has primary physical custody. Any parenting arrangement must be embodied in a written parenting plan submitted to and approved by the court.

Child support is calculated separately from custody and follows Illinois's statutory formula based on each parent's income, the custody split, and allowable deductions (healthcare, childcare). Support orders can be enforced through wage garnishment and are modifiable upon substantial change in circumstances.

Step-by-Step Filing Process in Illinois

1. File Petition for Dissolution of Marriage: File in circuit court of the county where you or your spouse resides.
2. Financial Disclosure: Both spouses must complete Financial Affidavit (AOIC Form) within 30 days of service.
3. Serve the Respondent: Personal service via sheriff or process server. Respondent has 30 days to answer.
4. Parenting Plan (if applicable): Required for any case involving minor children — both parties submit proposed parenting plans.
5. Discovery and Mediation: Exchange documents. Many counties require mediation before trial on parenting or financial disputes.
6. Judgment for Dissolution: File Marital Settlement Agreement or attend trial. Judge enters Judgment for Dissolution of Marriage.

Disclaimer: This page is for general educational information only. Divorce laws change frequently. Consult a licensed attorney in Illinois for advice specific to your situation.