Divorce in Illinois: Laws, Requirements, and Process
A complete guide to getting a divorce in Illinois. Covers grounds, residency requirements, property division, alimony, child custody, and what to expect from the process.
Data last updated: Apr 16, 2026Key Takeaways
- Property division: Equitable distribution.
- Residency requirement: 90 days in the state.
- Waiting period: None if both parties agree (6-month separation period waived by mutual consent).
- Filing fee: $250 - $350.
Grounds for Divorce
Illinois allows no-fault divorce. The no-fault ground is: Irreconcilable differences.
Illinois is a pure no-fault state. No fault-based grounds are available.
Residency Requirements
90 days in the state.
Property Division
Illinois is an equitable distribution state. Illinois follows equitable distribution. Courts divide marital property fairly considering the duration of the marriage, the relevant economic circumstances of each spouse, contributions to the acquisition of marital property, and any dissipation of assets by either party.
Alimony / Spousal Support
Illinois uses a statutory formula to calculate maintenance (alimony). The formula is based on the difference in the parties' gross incomes and the length of the marriage. Courts may deviate from the formula based on relevant factors. Maintenance duration is typically tied to the length of the marriage.
Child Custody
Illinois uses the term 'allocation of parental responsibilities.' Courts determine arrangements based on the best interest of the child, considering the wishes of the child and parents, the child's adjustment to home and school, the mental and physical health of all individuals, and any history of violence or abuse.
Child Support
Illinois uses the income shares model. Child support is calculated based on both parents' net incomes, the number of children, and the amount of parenting time each parent has.
Filing Fee
The filing fee for divorce in Illinois is $250 - $350. Fee waivers may be available for those who cannot afford to pay.
Illinois court divorce resources
Related Resources
Frequently Asked Questions
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What are the grounds for divorce in Illinois?
Illinois is a pure no-fault divorce state. Since 2016, the only ground for dissolution of marriage is irreconcilable differences. All fault-based grounds were eliminated.
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How long do you have to live in Illinois to file for divorce?
At least one spouse must have been a resident of Illinois for at least 90 days before filing for dissolution of marriage.
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How is property divided in an Illinois divorce?
Illinois uses equitable distribution. Courts divide marital property fairly based on each spouse's contributions, the length of the marriage, and the economic circumstances of each party. Equitable does not necessarily mean a 50/50 split.
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How long does a divorce take in Illinois?
Illinois has no mandatory waiting period if both parties agree the marriage is irretrievably broken. Uncontested divorces can be finalized in as little as 2 to 3 months. Contested cases may take 6 months to 2 years.