Illinois is a purely no-fault divorce state. As of 2016, Illinois eliminated all fault-based grounds for divorce. The sole ground is irreconcilable differences that have caused the irretrievable breakdown of the marriage, and efforts at reconciliation have failed or would be impracticable and not in the best interests of the family. If the parties have lived separate and apart for a continuous period of at least six months, there is an irrebuttable presumption that the requirement of irreconcilable differences is met.
To file for divorce in Illinois, one spouse files a Petition for Dissolution of Marriage in the Circuit Court in the county where either spouse resides. Filing fees vary by county and range from approximately $300 to $388 (Cook County has among the highest fees). The petition must be served on the other spouse through the county sheriff, a licensed private detective, or a special process server appointed by the court. The respondent has 30 days to file an appearance and response. Illinois also provides for joint simplified dissolution for couples who meet specific eligibility criteria.
At least one spouse must have been a resident of Illinois for at least 90 days before the court can enter a judgment of dissolution. A spouse may file the petition before the 90-day requirement is met, but the court will not enter the final judgment until the residency period is satisfied. Military members stationed in Illinois for 90 days also meet this requirement.
Illinois follows equitable distribution principles under the Illinois Marriage and Dissolution of Marriage Act (750 ILCS 5/503). The court divides marital property in just proportions, considering all relevant factors. Only marital property is subject to division—assets and debts acquired during the marriage. Non-marital property, including assets owned before the marriage, gifts, inheritances, and property designated as non-marital by agreement, is assigned to the owning spouse.
Illinois courts consider the contribution of each party to the acquisition, preservation, or increase in value of marital or non-marital property, the dissipation of marital assets by each party, the value of property assigned to each spouse, the duration of the marriage, the relevant economic circumstances of each spouse when division becomes effective, any obligations arising from a prior marriage, any prenuptial or postnuptial agreements, the age, health, occupation, income, vocational skills, and employability of each party, the custodial provisions for any children, whether the property division is in lieu of or in addition to maintenance, the reasonable opportunity of each spouse for future acquisition of capital assets and income, and tax consequences.
Illinois uses the terms "allocation of parental responsibilities" and "parenting time" rather than custody and visitation. Under 750 ILCS 5/602.7, the court allocates significant decision-making responsibilities and parenting time based on the best interests of the child. Illinois law establishes a presumption that both parents should have significant involvement in the child's life.
Significant decision-making covers four areas: education, health care, religion, and extracurricular activities. These may be allocated to one parent or shared between both. Day-to-day decisions are made by whichever parent currently has parenting time. The parenting time schedule establishes when the child is with each parent and must be included in a detailed parenting plan filed with the court.
Illinois statute lists 17 specific factors including the wishes of each parent and the child, the amount of time each parent spent performing caregiving functions in the two years preceding the filing, the mental and physical health of all individuals, the child's needs, the distance between the parents' residences, the willingness of each parent to facilitate a close relationship with the other parent, the child's adjustment to home, school, and community, whether a restriction of parenting time is appropriate, the physical violence or threat of physical violence by a parent, the occurrence of abuse against the child or another member of the household, and whether either parent is a sex offender.
Illinois requires 90 days of residency before a final judgment can be entered, but there is no additional mandatory waiting period for uncontested divorces. An uncontested divorce can be finalized in approximately three to four months. Contested divorces typically take six months to over a year. For contested cases where the parties have not lived apart for six months, the court cannot find irreconcilable differences until that six-month threshold is met.
Illinois offers a Joint Simplified Dissolution for couples who meet all of the following criteria: no children together, married for less than eight years, neither party has a gross annual income exceeding $35,000, total marital property is less than $50,000, neither party owns real estate, and both parties waive maintenance. This streamlined process requires only one court appearance by both parties.
No. Illinois eliminated all fault-based grounds for divorce effective January 1, 2016. The only ground for divorce is irreconcilable differences. While marital misconduct is not considered in granting the divorce itself, the dissipation of marital assets (such as one spouse spending marital funds on an extramarital affair) may be considered in property division.
Parenting time is determined based on the best interests of the child, with the court evaluating 17 statutory factors. Both parents must submit a proposed parenting plan within 120 days of filing. If the parents cannot agree, the court will create a parenting plan after considering all evidence. The court aims to maximize each parent's involvement while prioritizing the child's stability and well-being.