How to File for Divorce in Illinois 2026: Complete Guide

Illinois became a pure no-fault divorce state in 2016, eliminating all fault-based grounds. Today, irreconcilable differences is the only ground for divorce in Illinois. Understanding the no-fault requirements, residency rules, property division, and available simplified procedures is essential for navigating your Illinois divorce efficiently.

Illinois is a Pure No-Fault State

Major 2016 reform (750 ILCS 5/401) transformed Illinois divorce law:

What Changed in 2016

• Eliminated all fault-based grounds: Adultery, cruelty, abandonment no longer exist as legal grounds
• Single ground: Only "irreconcilable differences" (no-fault)
• No more blame: Courts cannot consider marital misconduct in property division or maintenance
• Removed 2-year separation: Old law required 2 years living apart if contested
• Simpler process: Faster, less contentious divorces

Grounds for Divorce in Illinois

750 ILCS 5/401(a) - Only ONE ground for divorce:

Irreconcilable Differences

To file for divorce, you must allege:

• Irreconcilable differences have caused irretrievable breakdown of marriage
• Efforts at reconciliation have failed or would be impracticable and not in best interest of family

Proof Requirements

If Both Spouses Agree (Uncontested)

• Both spouses agree marriage has broken down
• No separation period required
• No proof needed beyond joint testimony
• Fastest path to divorce

If Contested (One Spouse Disagrees)

• Must show spouses have lived separate and apart for 6+ months
• "Separate and apart" means:
  • No marital relations (ended conjugal relationship)
  • Can live under same roof if no marital relations
  • Court looks at conduct, not just physical separation
• 6-month period can occur BEFORE filing or DURING proceedings

Residency Requirements

750 ILCS 5/401(a) requires:

• At least one spouse must have lived in Illinois for 90 days before filing
• Venue: File in county where you or spouse lives
• No exceptions: Cannot waive 90-day requirement

Cook County Exception:

• Cook County has additional rule - file in district where party lives
• Cook County divided into 6 judicial districts

Types of Divorce in Illinois

Joint Simplified Dissolution

Fastest, cheapest option if you qualify (750 ILCS 5/451 et seq.):

Eligibility Requirements (ALL must be met):

1. Married less than 8 years (from marriage to filing)
2. No children (including none expected)
3. Neither spouse owns real property (no houses, land)
4. Combined marital property under $50,000 (excluding vehicles)
5. Combined gross income under $100,000
6. Neither spouse has gross income over $60,000 individually
7. Both spouses sign waiver of right to maintenance (alimony)
8. Both spouses agree on all property division
9. Both attended required information program

Benefits of Joint Simplified:

• No court appearance required (judge reviews paperwork)
• Faster processing (30-60 days typically)
• Lower cost ($500-$2,000 total including filing fees)
• Less paperwork than regular divorce

Uncontested Divorce

When you don't qualify for simplified but agree on everything:

• Both spouses agree to divorce and all terms
• File Petition for Dissolution and Settlement Agreement
• One brief court hearing (usually 15-30 minutes)
• Timeline: 2-6 months typically
• Cost: $2,000-$5,000 with attorney

Contested Divorce

When spouses disagree on divorce or terms:

• One spouse files Petition
• Other spouse disagrees on property, support, custody, etc.
• Requires discovery, motions, hearings, possible trial
• Timeline: 6-24+ months
• Cost: $10,000-$35,000+ in attorney fees

The Divorce Process in Illinois

Standard Divorce Process

Step 1: File Petition for Dissolution of Marriage

• Petitioner (filing spouse) files Petition in Circuit Court
• State ground: Irreconcilable differences
• Request relief: Property division, maintenance, custody, support
• Filing fee: $289-$388 (varies by county)

Step 2: Serve Spouse (Respondent)

• Sheriff or private process server serves Respondent with Petition and Summons
• Respondent has 30 days to file Appearance and Response
• Can waive service by filing Appearance voluntarily

Step 3: Automatic Temporary Restraining Orders

Illinois law (750 ILCS 5/501) imposes automatic restraining orders on BOTH spouses:

• Cannot remove minor children from Illinois without consent or court order
• Cannot cancel, modify, or fail to renew insurance policies
• Cannot transfer, encumber, conceal, or dispose of marital property
• Violations can result in contempt

Step 4: Financial Disclosures

Both spouses must exchange:

• Financial Affidavit: Income, expenses, assets, debts
• Tax Returns: Last 3 years
• Pay Stubs: Recent pay records
• Bank Statements: Account balances
• Retirement Account Statements
• Real Estate Documents

Step 5: Temporary Orders (If Needed)

Court can enter temporary orders pending final divorce:

• Temporary allocation of parental responsibilities (custody)
• Temporary parenting time (visitation)
• Temporary child support
• Temporary maintenance (spousal support)
• Exclusive use of marital home
• Payment of marital debts

Step 6: Discovery

Formal exchange of information:

• Interrogatories (written questions)
• Requests for production of documents
• Depositions (sworn testimony)
• Subpoenas for third-party records

Step 7: Settlement Negotiations

• Direct negotiation between attorneys
• Mediation (required in many counties)
• Settlement conferences
• Most cases settle before trial (90%+)

Step 8: Trial (If No Settlement)

• Full evidentiary hearing before judge (no jury in divorce cases)
• Both parties present evidence and witnesses
• Judge makes findings on all contested issues
• Judge issues Judgment for Dissolution of Marriage

Step 9: Final Judgment

• Marital Settlement Agreement approved and incorporated (if settled)
• Judgment includes all orders on property, maintenance, custody, support
• Divorce is final when Judgment entered (no waiting period)
• Can remarry immediately after final Judgment

Property Division - Equitable Distribution

Illinois uses equitable distribution (750 ILCS 5/503), not community property:

Marital vs. Non-Marital Property

Marital Property (Subject to Division)

• All property acquired during marriage (regardless of whose name on title)
• Increase in value of non-marital property due to marital efforts
• Retirement benefits accrued during marriage
• Property acquired in exchange for marital property

Non-Marital Property (Keeps Own)

• Property acquired before marriage
• Property acquired by gift or inheritance (even during marriage)
• Property acquired after legal separation
• Property excluded by valid prenuptial or postnuptial agreement
• Judgment proceeds for personal injury (except lost wages)

Division Factors (750 ILCS 5/503(d))

Courts consider ALL relevant factors:

1. Contributions by each spouse to acquisition, preservation, or increase/decrease in value of property
2. Dissipation by each party of marital assets
3. Value of non-marital property assigned to each spouse
4. Duration of marriage
5. Relevant economic circumstances of each spouse when property division becomes effective
6. Obligations and rights from prior marriages
7. Prenuptial or postnuptial agreements
8. Age, health, station, occupation, income, skills of each spouse
9. Employability, liabilities, needs of each spouse
10. Custodial provisions for children
11. Whether property award is in lieu of or in addition to maintenance
12. Reasonable opportunity to acquire capital assets and income
13. Tax consequences of property division

Typical Division

• No presumption of 50/50: Illinois does not presume equal division
• Equitable = Fair, not equal: May be 60/40, 70/30, etc.
• Long marriages: Often closer to equal
• Short marriages: Often each keeps what they brought in
• Homemaker contributions: Valued equally with financial contributions

Maintenance (Alimony) in Illinois

Illinois reformed maintenance in 2019 (750 ILCS 5/504):

When Maintenance is Awarded

Court first determines IF maintenance is appropriate by considering:

• Income and property of each spouse
• Needs of each spouse
• Present and future earning capacity
• Impairment of earning capacity due to domestic duties
• Time needed to acquire education or training for employment
• Standard of living during marriage
• Duration of marriage
• Age and health of both spouses
• Tax consequences
• Contributions as homemaker
• Valid prenuptial or postnuptial agreement

Amount of Maintenance

If combined gross income under $500,000 and no multiple families:

Guideline Formula:

• Take 33.33% of payor's net income
• Subtract 25% of recipient's net income
• Result cannot cause recipient's income to exceed 40% of combined net income

Example:

• Payor net income: $10,000/month
• Recipient net income: $3,000/month
• Calculation: ($10,000 × 33.33%) - ($3,000 × 25%) = $3,333 - $750 = $2,583/month
• Check: $3,000 + $2,583 = $5,583 (43% of combined) - EXCEEDS 40% CAP
• Cap: ($13,000 × 40%) - $3,000 = $2,200/month (actual maintenance)

Duration of Maintenance

Based on length of marriage:

Termination of Maintenance

Maintenance ends when:

• Recipient remarries (automatically terminates)
• Recipient cohabitates on continuing conjugal basis
• Either party dies
• Court-ordered duration expires
• Court modifies due to substantial change in circumstances

Allocation of Parental Responsibilities (Custody)

Illinois renamed "custody" to "allocation of parental responsibilities" (750 ILCS 5/600 et seq.):

Types of Responsibilities

Decision-Making Responsibility (Legal Custody)

• Education decisions
• Healthcare decisions
• Religious upbringing
• Extracurricular activities
• Can be allocated jointly or solely to one parent

Parenting Time (Physical Custody/Visitation)

• Time each parent spends with child
• Detailed schedule in Parenting Plan
• Includes regular schedule, holidays, vacations

Best Interest Factors (750 ILCS 5/602.7)

Courts consider:

1. Wishes of child (considering child's maturity)
2. Child's adjustment to home, school, community
3. Mental and physical health of all individuals
4. Threat of physical violence or abuse
5. Occurrence of ongoing abuse
6. Willingness to facilitate relationship with other parent
7. Whether parent is sex offender
8. Parents' and child's wishes
9. Amount of time each parent spent performing caretaking functions
10. Any prior agreement between parents
11. Geographic proximity
12. Each parent's willingness to place child's needs above own
13. Any other relevant factor

Child Support

Illinois reformed child support in 2017 - income shares model (750 ILCS 5/505):

Calculation

• Based on both parents' combined net income
• Uses income shares model (replaces old percentage-of-obligor model)
• Adjusted for number of children
• Adjusted for parenting time (if substantial)
• Includes health insurance, childcare, extracurriculars

Online Calculator

Use Illinois Department of Healthcare and Family Services Child Support Calculator

Duration

Child support continues until child:

• Turns 18 (or 19 if still in high school)
• Emancipates
• Marries
• Joins military
• Dies

Divorce Costs in Illinois

Cook County Filing Fees (2026):

• Petition for Dissolution with children: $388
• Petition for Dissolution without children: $289

Expected Timeline

• Joint Simplified: 30-60 days (fastest)
• Uncontested: 2-6 months
• Contested (settled): 6-12 months
• Contested (trial): 12-24+ months

Frequently Asked Questions

Is Illinois a no-fault divorce state?

Yes. Since 2016, Illinois is a pure no-fault state. All fault-based grounds (adultery, cruelty, abandonment) were eliminated. The only ground is "irreconcilable differences." Courts cannot consider marital misconduct in property division or maintenance awards. This makes Illinois divorces less contentious and adversarial than fault states.

How long do you have to be separated before divorce in Illinois?

If both spouses agree to divorce (uncontested), no separation is required - you can file immediately. If contested (one spouse disagrees), you must show 6 months living "separate and apart" (no marital relations). You can live under the same roof and still be "separate and apart" if you've ended the conjugal relationship.

How much does a divorce cost in Illinois?

Filing fees range $289-$388 depending on county and whether you have children. Joint simplified divorces can cost $500-$2,000 total if DIY. Uncontested divorces with attorney cost $2,000-$5,000. Contested divorces typically cost $10,000-$35,000+ in attorney fees depending on complexity, discovery, and whether trial is needed. Cook County tends to be more expensive.

Can I get a divorce without my spouse in Illinois?

Yes, but you cannot do joint simplified (requires both spouses). File a regular Petition for Dissolution. If spouse doesn't respond after proper service, you can get default judgment. If spouse contests, you may need to show 6 months living separate and apart. You cannot be prevented from getting divorced if you meet requirements.

Does Illinois recognize legal separation?

Yes. Illinois allows "Legal Separation" (750 ILCS 5/402) as alternative to divorce. Provides court orders on property, support, and custody while remaining married. Some choose this for religious reasons or to maintain benefits. Can later convert legal separation to divorce. Same process and grounds as divorce.

What is dissipation of marital assets in Illinois?

Dissipation occurs when one spouse wastes marital assets for non-marital purposes after marriage became irretrievably broken. Examples: gambling, affair-related expenses, hiding assets, excessive spending. The dissipating spouse can be charged with the value in property division - basically owing it back to marital estate. Must prove dissipation occurred after breakdown.

Can I get alimony in a short marriage in Illinois?

Yes, but duration is limited. For a 5-year marriage, maintenance can last up to 20% of marriage length (1 year maximum). Courts consider if maintenance is appropriate first, then calculate amount using guidelines (if income under $500,000 combined). Short marriages rarely result in long-term maintenance unless special circumstances exist (disability, career sacrifice).