Filing for divorce is one of the most significant legal decisions you'll ever make. Whether you're facing an amicable separation or anticipating a contested battle over assets and custody, understanding the Illinois divorce process is essential to protecting your rights, your finances, and your children's future.
Every year, approximately 30,000 couples in Illinois navigate the divorce process, and each case presents unique challenges. Perhaps you're wondering if you've lived in Illinois long enough to file here. Maybe you're concerned about how your assets will be divided, or you're anxious about maintaining a relationship with your children. These concerns are entirely valid—and this comprehensive guide will address them all.
As experienced Illinois family law practitioners, we've guided thousands of clients through the complexities of divorce proceedings in Cook County and throughout the state. This guide consolidates decades of legal expertise into actionable information that will help you understand your rights, prepare for what lies ahead, and make informed decisions at every stage of your divorce.
Understanding Illinois Divorce Law: The Foundation
Before you can successfully navigate the divorce process, you need to understand the legal framework that governs marriage dissolution in Illinois. The Illinois Marriage and Dissolution of Marriage Act (750 ILCS 5/) serves as the primary statutory authority for all divorce proceedings in the state.
No-Fault Divorce: What It Means for Your Case
Illinois is a pure no-fault divorce state. This means that since January 1, 2016, when significant amendments to the Illinois Marriage and Dissolution of Marriage Act took effect, the only ground for divorce is "irreconcilable differences." Under 750 ILCS 5/401(a), you no longer need to prove that your spouse committed adultery, was mentally or physically cruel, or engaged in any specific misconduct.
The practical implications of no-fault divorce are substantial:
- No blame required: You don't need to air your marital grievances in court or prove your spouse did something wrong
- Simplified proceedings: Divorce cases can proceed more efficiently without contentious fault hearings
- Focus on resolution: Courts concentrate on equitable distribution of assets and appropriate parenting arrangements rather than assigning moral blame
- Reduced conflict: The removal of fault grounds often leads to less acrimonious proceedings
However, it's important to understand that while fault is no longer a ground for divorce, certain conduct may still be relevant to other aspects of your case. For example, dissipation of marital assets (wasteful spending during the breakdown of the marriage) can affect property division, as established in cases like In re Marriage of O'Neill, 138 Ill. 2d 487 (1990).
The Irreconcilable Differences Standard
To obtain a divorce in Illinois, you must establish that irreconcilable differences have caused the irretrievable breakdown of your marriage and that reconciliation has failed or future attempts at reconciliation would be impracticable and not in the best interests of the family. Under 750 ILCS 5/401(a)(2), if you and your spouse 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 has been met.
The "separate and apart" requirement doesn't necessarily mean you must live in different residences. Illinois courts have recognized that spouses can live "separate and apart" while residing under the same roof, provided they maintain separate lives—sleeping in different rooms, maintaining separate finances, and not holding themselves out as a married couple. This interpretation, affirmed in numerous Illinois Appellate Court decisions, acknowledges the economic realities many couples face during the divorce process.
Residency Requirements: Establishing Jurisdiction in Illinois
Before you can file for divorce in Illinois, you must satisfy the state's residency requirements. Under 750 ILCS 5/401(a)(1), at least one spouse must have been a resident of Illinois for at least 90 days immediately preceding the filing of the petition for dissolution of marriage.
What Constitutes Residency?
Residency for divorce purposes means more than simply being physically present in Illinois. You must have established Illinois as your domicile—your permanent home with the intention to remain indefinitely. Courts consider several factors when evaluating residency:
- Physical presence in Illinois
- Registration to vote in Illinois
- Illinois driver's license
- Payment of Illinois state taxes
- Location of employment
- Children's school enrollment
- Bank account locations
- Property ownership
Military Personnel and Residency
Special rules apply to military service members. Under the Servicemembers Civil Relief Act and Illinois law, military personnel stationed in Illinois who have been present in the state for 90 days may establish residency for divorce purposes, even if they maintain legal residency in another state for tax purposes. Conversely, Illinois residents serving elsewhere may still file for divorce in Illinois.
Venue: Which County Should You File In?
Once you've established Illinois residency, you must determine the appropriate venue for your divorce. Under 750 ILCS 5/104, the petition may be filed in the county where either spouse resides. Strategic considerations often influence this choice:
- Convenience: Filing in the county where you live reduces travel time and associated costs
- Court procedures: Different counties have varying local rules, timelines, and judicial approaches
- Cook County specifics: The Domestic Relations Division of the Circuit Court of Cook County, located at the Richard J. Daley Center in Chicago, handles divorces filed in Cook County. Due to the high volume of cases, Cook County has specific procedures, including mandatory status hearings and case management conferences
Types of Divorce in Illinois: Choosing Your Path
Understanding the different types of divorce proceedings available in Illinois helps you choose the most appropriate path for your situation.
Uncontested Divorce (Joint Simplified Dissolution)
If you and your spouse agree on all issues—property division, debt allocation, and parental responsibilities (if applicable)—you may qualify for a Joint Simplified Dissolution Procedure under 750 ILCS 5/452. This streamlined process is available only if you meet ALL of the following requirements:
- You have been married for less than 8 years
- No children were born or adopted during the marriage, and the wife is not pregnant
- Neither party has any interest in real property (real estate)
- Total marital property is worth less than $50,000
- Combined gross annual income is less than $60,000, with neither party earning more than $30,000
- Both parties have disclosed all assets and tax returns
- Both parties waive any right to maintenance (spousal support)
- Both parties understand they waive the right to appeal
Joint simplified dissolution typically requires only one court appearance and can be completed in approximately 30-60 days.
Uncontested Divorce (Standard Agreement)
Many couples don't qualify for joint simplified dissolution but still reach agreement on all issues. These uncontested divorces proceed through the standard process but conclude with a Marital Settlement Agreement (MSA) that addresses:
- Division of all marital assets and debts
- Maintenance (alimony/spousal support) terms or waiver
- Allocation of parental responsibilities and parenting time
- Child support obligations
- Any other relevant issues
Uncontested divorces with an MSA typically conclude faster and cost significantly less than contested proceedings.
Contested Divorce
When spouses cannot agree on one or more significant issues, the divorce is considered contested. Contested divorces require the court to make decisions about disputed matters, which may include:
- Property characterization (marital vs. non-marital)
- Property valuation
- Division of assets and debts
- Maintenance amount and duration
- Allocation of parental responsibilities
- Parenting time schedules
- Child support calculations
Contested divorces typically require discovery (exchange of financial information), multiple court appearances, possible use of expert witnesses, and potentially a trial. They are more expensive, time-consuming, and emotionally draining than uncontested proceedings.
Step-by-Step: How to File for Divorce in Illinois
Now that you understand the legal framework, let's walk through the actual process of filing for divorce in Illinois.
Step 1: Gather Essential Documents
Before filing, collect all relevant financial and personal documents. This preparation is crucial for completing your petition accurately and for the discovery process that follows. Essential documents include:
- Personal documents: Marriage certificate, prenuptial or postnuptial agreements, birth certificates for children
- Financial statements: Tax returns (last 3-5 years), W-2s, 1099s, pay stubs, bank statements
- Asset documentation: Deeds, vehicle titles, retirement account statements (401(k), IRA, pension), brokerage statements, life insurance policies
- Debt documentation: Mortgage statements, credit card statements, loan documents, student loan information
- Business documents: If either spouse owns a business—corporate tax returns, operating agreements, financial statements
- Monthly budget: Documentation of regular expenses including housing, utilities, insurance, childcare, and discretionary spending
Step 2: Complete the Petition for Dissolution of Marriage
The Petition for Dissolution of Marriage is the formal document that initiates your divorce. In Cook County and many other Illinois counties, standardized forms are available through the Circuit Court Clerk's office or online at the Illinois Courts website.
The petition must include:
- Names and addresses of both spouses
- Date and place of marriage
- Grounds for dissolution (irreconcilable differences)
- Information about minor children
- Request for relief (what you're asking the court to do)
Depending on your circumstances, you may also need to file:
- Summons: Official notice to your spouse of the divorce filing
- Financial Disclosure Statement: Required in Cook County and many other counties
- Parenting Plan: If you have minor children
- Petition for Temporary Relief: If you need immediate orders regarding support, custody, or exclusive possession of the marital home
Step 3: File Your Petition with the Circuit Court
Once your documents are prepared, file them with the Circuit Court Clerk in the appropriate county. Filing requirements include:
- Filing fee: Fees vary by county. In Cook County, the filing fee for a dissolution of marriage is approximately $388 as of 2024 (fees are subject to change)
- Number of copies: Bring the original plus at least two copies—one for service on your spouse and one for your records
- Fee waiver: If you cannot afford the filing fee, you may petition for a fee waiver by filing an Application for Waiver of Court Fees
In Cook County, divorces are filed at the Domestic Relations Division at the Richard J. Daley Center, 50 W. Washington Street, Room 802, Chicago, IL 60602. Many counties now also offer e-filing options.
Step 4: Serve Your Spouse
After filing, your spouse (the respondent) must be formally served with a copy of the petition and summons. Under Illinois law, you cannot personally serve your spouse—service must be accomplished through:
- Sheriff's service: The county sheriff's office can serve papers for a fee
- Private process server: A licensed private process server can serve your spouse
- Special process server: You can request the court appoint any person over 18 (not a party to the case) as a special process server
- Service by publication: If your spouse cannot be located after diligent efforts, you may petition for service by publication in a newspaper
- Acceptance of service: Your spouse can voluntarily accept service by signing an Entry of Appearance and Waiver of Service
Proper service is essential—without it, the court lacks personal jurisdiction over your spouse, and any orders entered may be void.
Step 5: Await Your Spouse's Response
After being served, your spouse has 30 days to file a Response (Answer) to your petition. The response may:
- Agree with your petition in whole or in part
- Deny allegations in your petition
- Raise affirmative defenses
- Include a counter-petition with their own requests for relief
If your spouse fails to respond within 30 days, you may seek a default judgment. However, even in default cases, you must still prove your case and comply with all legal requirements, particularly regarding children and property division.
The Discovery Process: Uncovering Financial Information
In most contested divorces and many uncontested cases, the discovery process is essential for obtaining complete financial information. Illinois Supreme Court Rule 213 and related rules govern discovery procedures.
Mandatory Disclosure
Under Cook County Local Rule 13.3.1 and similar rules in other counties, both parties must exchange mandatory financial disclosures within specific timeframes. These disclosures typically include:
- Completed financial disclosure forms
- Tax returns for the past three years
- Pay stubs for recent months
- Statements for all financial accounts
- Documentation of monthly expenses
Formal Discovery Methods
Beyond mandatory disclosure, parties may use formal discovery methods to obtain additional information:
- Interrogatories: Written questions that must be answered under oath
- Requests for Production of Documents: Demands for specific documents such as bank records, credit card statements, or business records
- Requests for Admission: Requests that the other party admit or deny specific facts
- Depositions: Oral testimony taken under oath, recorded by a court reporter
- Subpoenas: Court orders requiring third parties (banks, employers, etc.) to produce documents or testify
Dealing with Hidden Assets
Unfortunately, some spouses attempt to hide assets during divorce. Warning signs include:
- Sudden decreases in reported income
- Unexplained cash withdrawals
- Transfers to family members or friends
- Overpayment of taxes or creditors
- Creation of fake debts
- Undervaluation of business interests
If you suspect hidden assets, a forensic accountant can analyze financial records to uncover discrepancies. Illinois courts take hiding assets seriously—In re Marriage of Altman, 35 Ill. App. 3d 407 (1976), and subsequent cases establish that intentional concealment of assets can result in sanctions and an inequitable distribution favoring the innocent spouse.
Property Division in Illinois: Equitable Distribution
Illinois follows the principle of equitable distribution for dividing marital property. Under 750 ILCS 5/503, courts divide marital property in "just proportions" considering relevant factors—this does not necessarily mean equal division.
Marital vs. Non-Marital Property
The first step in property division is classifying assets as marital or non-marital:
Marital property generally includes all property acquired by either spouse during the marriage, regardless of how title is held. This includes:
- Income earned during the marriage
- Real estate purchased during the marriage
- Retirement benefits accrued during the marriage
- Vehicles purchased during the marriage
- Bank accounts funded during the marriage
- Business interests developed during the marriage
Non-marital property remains the separate property of the owning spouse and includes:
- Property acquired before the marriage
- Property acquired by gift or inheritance
- Property acquired after a judgment of legal separation
- Property excluded by valid prenuptial agreement
- Property acquired in exchange for non-marital property
- The increase in value of non-marital property (unless the increase is attributable to marital contributions)
Factors Courts Consider in Equitable Distribution
Under 750 ILCS 5/503(d), courts consider multiple factors when dividing marital property:
- Contribution of each party to the acquisition, preservation, or increase in value of marital property (including contribution as a homemaker)
- Dissipation by each party of marital or non-marital property
- Value of property assigned to each spouse
- Duration of the marriage
- Relevant economic circumstances of each spouse, including whether the custodial parent should remain in the marital home
- Any obligations from a prior marriage
- Any prenuptial or postnuptial agreement
- Age, health, station, occupation, income, vocational skills, employability, estate, liabilities, and needs of each party
- Custodial provisions for children
- Whether the apportionment is in lieu of or in addition to maintenance
- Reasonable opportunity for future acquisition of assets and income
- Tax consequences of the property division
Special Asset Considerations
Retirement Accounts and Pensions
Retirement benefits often represent a couple's largest asset. Dividing qualified retirement plans (401(k)s, pensions, 403(b)s) requires a Qualified Domestic Relations Order (QDRO)—a specialized court order that directs the plan administrator to divide the account. The marital portion of retirement benefits is typically calculated using the "coverture fraction": the time employed during the marriage divided by total time employed.
Business Valuations
If either spouse owns a business, professional valuation may be necessary. Courts consider multiple valuation methods, including:
- Asset approach (value of assets minus liabilities)
- Market approach (comparable sales)
- Income approach (capitalized earnings)
The Illinois Appellate Court in In re Marriage of Zells, 143 Ill. 2d 251 (1991), provided guidance on business valuation, emphasizing that goodwill associated with a professional practice may be considered marital property subject to division.
The Marital Home
Options for the marital residence include:
- Sale and division of proceeds
- One spouse buying out the other's interest
- Deferred sale (often until children reach majority)
- Award to one spouse as part of overall property division
Maintenance (Alimony) in Illinois
Maintenance, formerly known as alimony, may be awarded to either spouse under 750 ILCS 5/504. The 2019 amendments to Illinois maintenance law significantly changed how maintenance is calculated and taxed.
Determining Eligibility for Maintenance
Courts first determine whether maintenance is appropriate by considering factors including:
- Income and property of each party
- Needs of each party
- Realistic present and future earning capacity of each party
- Any impairment of earning capacity due to domestic duties or career sacrifice
- Time necessary to acquire education or training for employment
- Standard of living established during the marriage
- Duration of the marriage
- Age, health, and emotional condition of both parties
- Tax consequences
- Contributions to the education, training, or career of the other spouse
- Any valid prenuptial agreement
- Any other relevant factor
Illinois Maintenance Guidelines Formula
If the combined gross income of both parties is less than $500,000 and no multiple family situation exists, courts apply the statutory guidelines formula under 750 ILCS 5/504(b-1):
Amount: (33.33% of the payor's net income) minus (25% of the payee's net income). The resulting amount cannot cause the payee to receive more than 40% of the combined net income of both parties.
Duration: For marriages of specific lengths, the statute provides multipliers:
- 0-5 years: 0.20 × years of marriage
- 5-6 years: 0.24 × years of marriage
- 6-7 years: 0.28 × years of marriage
- 7-8 years: 0.32 × years of marriage
- 8-9 years: 0.36 × years of marriage
- 9-10 years: 0.40 × years of marriage
- 10-11 years: 0.44 × years of marriage
- 11-12 years: 0.48 × years of marriage
- 12-13 years: 0.52 × years of marriage
- 13-14 years: 0.56 × years of marriage
- 14-15 years: 0.60 × years of marriage
- 15-16 years: 0.64 × years of marriage
- 16-17 years: 0.68 × years of marriage
- 17-18 years: 0.72 × years of marriage
- 18-19 years: 0.76 × years of marriage
- 19-20 years: 0.80 × years of marriage
- 20+ years: Court discretion to award permanent maintenance
Tax Treatment of Maintenance
For divorce or separation agreements executed after December 31, 2018, maintenance is no longer tax-deductible by the payor or taxable income to the recipient. This significant change from prior law affects negotiation strategies and the overall economics of divorce settlements.
Child-Related Issues: Parental Responsibilities and Child Support
When children are involved, divorce proceedings address two primary issues: allocation of parental responsibilities (custody) and child support.
Allocation of Parental Responsibilities
Illinois law, codified at 750 ILCS 5/600-610, replaced traditional "custody" terminology with "allocation of parental responsibilities" in 2016. This includes:
Significant decision-making responsibilities: Authority to make major decisions regarding:
- Education
- Healthcare
- Religion
- Extracurricular activities
Parenting time: The schedule of when each parent has physical care of the children.
Best Interests of the Child Standard
All determinations regarding children are made according to the "best interests of the child" standard. Under 750 ILCS 5/602.5 and 602.7, courts consider factors including:
- Wishes of the child (with weight given based on maturity)
- Wishes of the parents
- Interaction and interrelationship of the child with parents, siblings, and significant others
- Child's adjustment to home, school, and community
- Mental and physical health of all individuals involved
- Each parent's willingness to facilitate a relationship between the child and the other parent
- Physical violence or threat of physical violence by a parent
- Occurrence of abuse against the child or another household member
- Whether a parent is a sex offender
- Military family-care plan if applicable
Parenting Plans
Under 750 ILCS 5/602.10, within 120 days of service, each parent must file a proposed parenting plan or the parents must file an agreed parenting plan. The parenting plan must address:
- Allocation of significant decision-making responsibilities
- Parenting time schedule (including holidays, vacations, and school breaks)
- Right of first refusal for childcare
- Transportation arrangements
- Communication between parent and child
- Future dispute resolution procedures
Child Support in Illinois
Illinois uses an "income shares" model for calculating child support under 750 ILCS 5/505. This approach considers both parents' net incomes and the number of children to determine the total child support obligation, which is then divided proportionally between the parents.
Key aspects of Illinois child support include:
- Net income calculation: Gross income minus taxes, Social Security, mandatory retirement contributions, prior child support obligations, and other statutory deductions
- Basic support obligation: Determined from the statutory schedule based on combined net income and number of children
- Add-on expenses: Childcare costs, health insurance premiums, and extraordinary expenses may be added
- Shared parenting adjustment: When each parent has the children at least 146 overnights per year, a shared parenting formula applies
Child support continues until the child turns 18 (or 19 if still in high school) unless otherwise ordered by the court.
Alternative Dispute Resolution: Mediation and Collaborative Divorce
Not all divorces require courtroom battles. Alternative dispute resolution (ADR) methods can save time, money, and emotional distress.
Mediation
Mediation involves a neutral third party who helps spouses negotiate their own settlement. Benefits include:
- Lower costs than litigation
- Faster resolution
- Greater control over outcomes
- Confidential proceedings
- Improved post-divorce communication (especially important when co-parenting)
Cook County requires mediation in contested custody cases under Local Rule 13.4. Many parties also voluntarily mediate financial issues.
Collaborative Divorce
In collaborative divorce, both spouses and their attorneys commit to resolving all issues without going to court. Key features include:
- Participation agreements committing to good-faith negotiations
- Use of neutral experts (financial advisors, child specialists)
- Disqualification provision—if collaboration fails, both attorneys must withdraw, and new attorneys must be retained for litigation
- Focus on interests rather than positions
Temporary Orders: Protection During Pending Divorce
Because divorces can take months or even years to finalize, temporary orders may be necessary to address immediate needs.
Types of Temporary Relief
Under 750 ILCS 5/501, courts may enter temporary orders for:
- Temporary maintenance: Financial support during the pending divorce
- Temporary child support: Support for children during proceedings
- Temporary parenting time: Schedule for time with children pending final order
- Exclusive possession of the marital home: Ordering one spouse to vacate
- Payment of bills: Ordering which spouse pays specific debts during divorce
- Attorney fees contribution: Requiring one spouse to contribute to the other's legal fees
- Restraining orders: Prohibiting dissipation of assets, harassment, or removal of children
Emergency Orders
In situations involving domestic violence or immediate risk to children or assets, emergency orders may be obtained without the normal notice requirements. These include:
- Emergency Orders of Protection under the Illinois Domestic Violence Act (750 ILCS 60/)
- Emergency custody orders when children are at risk
- Temporary restraining orders to freeze assets
The Divorce Trial: When Settlement Isn't Possible
If you and your spouse cannot reach agreement on all issues, the contested matters will proceed to trial.
Pre-Trial Procedures
Before trial, you can expect:
- Pre-trial conference: Meeting with the judge to discuss issues, potential settlement, and trial logistics
- Motions in limine: Requests to exclude certain evidence or limit testimony
- Witness lists and exhibit lists: Disclosure of witnesses and documents you intend to present
- Settlement conferences: Court-ordered or voluntary attempts to resolve issues before trial
What to Expect at Trial
An Illinois divorce trial typically includes:
- Opening statements: Each attorney outlines their case
- Petitioner's case: You present evidence through testimony and documents
- Cross-examination: The opposing attorney questions your witnesses
- Respondent's case: Your spouse presents their evidence
Written by Jonathan D. Steele
Chicago divorce attorney with cybersecurity certifications (Security+, CEH, ISC2). Illinois Super Lawyers Rising Star 2016-2025.
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