Divorce in Illinois
Illinois is a no-fault divorce state that eliminated all fault-based grounds in 2016. The state uses equitable distribution for property division and requires irreconcilable differences as the sole ground. One spouse must have lived in Illinois (or been stationed there in the armed services) for 90 days before the case is filed or before the court makes its findings.
Quick Facts
Residency Requirement
90 days residency required
Waiting Period
None required
Filing Fee (approximate, varies by county)
$300-$400
Property Division
equitable distribution
Grounds for Divorce
- Irreconcilable differences
Key Facts
- Illinois eliminated fault-based divorce grounds in 2016
- No separation period is required; living apart for 6 months before the judgment creates an irrebuttable presumption of irreconcilable differences
- Property is divided using equitable distribution
- Illinois uses 'allocation of parental responsibilities' instead of custody
- At least one spouse must have lived in Illinois for 90 days
Child Custody
Illinois replaced the terms 'custody' and 'visitation' with 'allocation of parental responsibilities' and 'parenting time' in 2016. The court determines allocations based on the best interests of the child and requires parents to submit a parenting plan.
Alimony / Spousal Support
Illinois uses a guideline formula for maintenance (alimony) when the couple's combined gross income is under $500,000 and the payor owes no support from a prior relationship: 33 1/3% of the payor's net income minus 25% of the payee's net income, limited so the payee's net income plus maintenance does not exceed 40% of the couple's combined net income. Duration depends on the length of the marriage.
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FAQs
Common questions about divorce in Illinois
No. Illinois has no required separation period. If you and your spouse have lived apart for at least 6 months before the judgment, the law presumes irreconcilable differences, and that presumption cannot be rebutted.
When the couple's combined gross income is under $500,000 and the payor owes no support from a prior relationship, Illinois uses a statutory guideline: 33 1/3% of the payor's net income minus 25% of the payee's net income. The payee's net income plus maintenance cannot exceed 40% of the couple's combined net income. Duration is based on the length of the marriage, and the court can find the guideline inappropriate in a given case.