Complete guide to divorce in Illinois (IL)
| No-Fault Divorce | Yes |
| Fault-Based Grounds | No |
| Residency Requirement | 90 days |
| Separation Requirement | 6 months |
| Waiting Period | None |
| Property Division | Equitable Distribution |
| Alimony Types | Temporary,Fixed-Term,Reviewable,Permanent |
| Child Custody Standard | Best Interest of Child |
| Mandatory Counseling | No |
| Mandatory Parenting Class | Yes |
| Online Filing Available | Yes |
| Simplified Procedure | Yes |
Divorce rate: 2.6 per 1,000 population in Illinois.
At least one spouse must have lived in the state for 90 days before filing.
Spouses must live separately for 6 months before or during divorce proceedings.
Draft the divorce petition (complaint) including grounds, property division requests, and child custody proposals if applicable.
File the completed divorce petition with the county court clerk and pay the filing fee.
Officially deliver the divorce papers to the other spouse through a process server, sheriff, or certified mail.
The responding spouse has a set period (usually 20-30 days) to file a response to the petition.
Both parties exchange financial documents, negotiate property division, alimony, and child custody terms. May include mediation.
If spouses agree on all terms, submit a settlement agreement. If contested, proceed to trial where a judge decides unresolved issues.
Judge reviews the settlement agreement or issues a ruling after trial, and enters the final divorce decree.
The DivorceLawPeek editorial team aggregates and verifies divorce law data from State Courts & American Bar Association and state court records. Every statistic on this site is cross-referenced against official sources before publication, with quarterly re-verification cycles.
Read our full methodology or contact us with corrections.