Illinois made a significant change to its divorce law in 2016 when it eliminated all fault-based grounds and became a pure no-fault state. The Illinois Marriage and Dissolution of Marriage Act now recognizes only one ground for divorce: irreconcilable differences. Illinois also eliminated the two-year waiting period that previously applied when one spouse contested the divorce, replacing it with a six-month separation period that can be waived entirely when both spouses agree. For couples who can reach agreement, Illinois offers one of the more streamlined divorce processes among major states.
Here is how Illinois divorce works from residency requirements through the final judgment of dissolution.
Illinois residency requirements
At least one spouse must have lived in Illinois for 90 days before the court can enter a judgment of dissolution of marriage. This is one of the shorter residency requirements in the country. The petition can be filed before the 90 days are satisfied, but the court cannot grant the final divorce until the requirement is met.
The petition is filed in the circuit court of the county where either spouse resides. Illinois has 102 counties and court procedures can vary somewhat between them, so checking the local rules of the specific county where you file is advisable.
Grounds for divorce in Illinois
Illinois recognizes only one ground for divorce: irreconcilable differences have caused the irretrievable breakdown of the marriage, and past attempts at reconciliation have failed or future attempts would be impracticable and not in the best interests of the family. One spouse's statement to this effect is sufficient. The other spouse cannot contest the ground itself, only the terms of the divorce.
Under the 2016 reforms, if the spouses have lived separate and apart for six months before the judgment, the court presumes irreconcilable differences exist. If both spouses agree that irreconcilable differences exist, neither the six-month separation period nor any waiting period is required. This means a cooperative uncontested Illinois divorce can proceed without any mandatory waiting period at all, which distinguishes Illinois from many other states.
Illinois is an equitable distribution state
Illinois divides marital property through equitable distribution, which starts with the presumption of equal division but allows courts to adjust based on relevant factors. Those factors include the contribution of each spouse to the acquisition of marital property, including homemaking contributions; the value of each spouse's non-marital property; the duration of the marriage; the economic circumstances of each spouse; any obligations from prior marriages; and the tax consequences of the proposed distribution.
Marital property in Illinois is broadly defined as all property acquired by either spouse during the marriage, regardless of whose name is on the title. Non-marital property includes property owned before the marriage, gifts and inheritances received during the marriage (as long as they remain segregated), and property exchanged for non-marital property. The commingling of non-marital and marital funds can transform non-marital property into marital property over time.
In uncontested divorces, the spouses agree on the division themselves through a Marital Settlement Agreement (MSA) or a Joint Parenting Agreement if children are involved. The court reviews the agreement and approves it if it is not unconscionable.
Maintenance (alimony) in Illinois
Illinois calls alimony "maintenance" and has a statutory formula that courts use when maintenance is contested. The guideline amount is calculated as 33.3% of the paying spouse's net annual income minus 25% of the receiving spouse's net annual income, with the total maintenance amount not exceeding 40% of the combined net income of both spouses.
The duration of maintenance under the guidelines depends on the length of the marriage, with a multiplier applied to the marriage length to determine the presumptive duration. For example, a marriage of five to six years produces a duration multiplier of 0.24, meaning maintenance would last about 1.2 to 1.4 years. For marriages of 20 years or more, the court may award maintenance for an indefinite period.
In an uncontested divorce, the spouses can agree on any maintenance amount and duration they choose, including waiving maintenance entirely, as long as both parties agree and the agreement is not unconscionable. The guideline formula serves as a benchmark for contested cases, not as a mandatory outcome in cooperative ones.
Allocation of parental responsibilities in Illinois
Illinois uses distinctive terminology for child custody. What most states call "legal custody" Illinois calls "allocation of parental responsibilities," which covers decision-making authority over significant areas of the child's life: education, healthcare, religion, and extracurricular activities. What most states call "physical custody" or "parenting time" Illinois simply calls "parenting time."
Illinois courts apply a best interests of the child standard when allocating parental responsibilities and setting parenting time schedules. The parenting plan, called an "allocation judgment" in Illinois, must address how decision-making authority is divided and the parenting time schedule in sufficient detail for both parents and the court to follow.
Child support in Illinois is calculated using an income shares model that considers both parents' incomes, the number of overnight stays each parent has with the children, and additional costs such as childcare and health insurance. The calculation produces a support obligation that reflects each parent's proportional share of the combined income.
Financial disclosure in Illinois
Illinois requires both parties to complete and exchange financial disclosure statements. The required disclosures include three years of tax returns, recent pay stubs, documentation of all assets and liabilities, and other financial records. These disclosures must be exchanged within specified timeframes after service.
In a cooperative uncontested divorce where both parties have already gathered and shared financial information, the formal disclosure process is largely a procedural step confirming what the parties already know. In contested cases, the disclosure process is more significant and can be a source of disputes if one party believes the other is hiding assets.
The Illinois divorce process step by step
One spouse files a Petition for Dissolution of Marriage in the circuit court of the county where either spouse resides. Filing fees vary by county but typically run between $200 and $350.
The other spouse must be served with the Petition and Summons. In a cooperative uncontested case, the other spouse can sign an Entry of Appearance waiving formal service.
Both parties exchange financial disclosures within the required timeframes.
The parties negotiate and sign a Marital Settlement Agreement addressing all property, debt, and support issues, and if there are children, an Allocation Judgment addressing parental responsibilities and parenting time.
A prove-up hearing is typically required even in uncontested cases. One or both spouses appear before the judge, confirm the basic facts, and ask the court to approve the settlement. The judge reviews the agreement and, if satisfied, enters the Judgment of Dissolution of Marriage.
For couples who agree on all terms, Nolo's Online Divorce generates Illinois-specific dissolution paperwork including the Petition, Marital Settlement Agreement, and Judgment of Dissolution, with county-specific filing instructions.
A real-world example
Mark and Jennifer have been married for eleven years in Cook County. They have one child aged eight and own a condominium. Both work full-time with similar incomes. They agree on equal parenting time, shared decision-making under a Joint Allocation Judgment, no maintenance given their similar earnings, and a sale of the condo with equal split of the proceeds. They both agree irreconcilable differences exist, waiving the six-month separation requirement. Mark files the Petition in Cook County circuit court. Jennifer signs an Entry of Appearance. Both exchange financial disclosures. They prepare a Marital Settlement Agreement and Allocation Judgment. At the prove-up hearing, the judge reviews the documents and enters the Judgment of Dissolution. The process takes about three months from filing to final judgment.
Frequently Asked Questions
Does Illinois require a separation period before divorce?
Not if both spouses agree that irreconcilable differences exist. The 2016 Illinois divorce reform eliminated the requirement for a separation period when spouses mutually agree on the grounds. If only one spouse asserts irreconcilable differences and the other does not agree, the court can presume those differences exist if the parties have lived separate and apart for at least six months before the judgment. For cooperative uncontested divorces, no separation period or waiting period is required, making Illinois one of the faster states to finalize an agreed divorce.
How is debt divided in an Illinois divorce?
Marital debt is subject to equitable distribution in Illinois, just like marital assets. Debt incurred during the marriage for marital purposes is generally considered marital debt regardless of whose name it is in. The Marital Settlement Agreement allocates responsibility for each debt between the spouses. As in other states, the allocation between spouses does not change the creditor's rights: if a joint account is assigned to one spouse who then fails to pay it, the creditor can still pursue the other spouse. Refinancing joint debts into one spouse's name is the cleaner solution where possible.
Can I represent myself in an Illinois divorce?
Yes. Illinois does not require either party to have an attorney, and many couples handle uncontested divorces themselves, particularly when assets are straightforward and both parties are cooperative. The Cook County and other large county circuit courts have self-help centers that provide forms and guidance for self-represented parties. For divorces involving significant assets, business interests, retirement accounts, or children with complex needs, attorney involvement reduces the risk of errors in the settlement agreement that are difficult to correct after the judgment is entered.
How long does an Illinois divorce take?
An uncontested Illinois divorce where both parties cooperate typically takes two to four months from filing to final judgment. The time is primarily consumed by completing financial disclosures, drafting the settlement agreement and any parenting plan, and getting a prove-up hearing scheduled with the court. Contested divorces take significantly longer. Cook County's busy docket can add scheduling delays beyond what the parties control, while less populated counties may move faster.
What happens to retirement accounts in an Illinois divorce?
Retirement accounts accumulated during the marriage are marital property subject to equitable distribution. Dividing an employer-sponsored plan such as a 401(k) or pension requires a Qualified Domestic Relations Order (QDRO), a separate court order that instructs the plan administrator how to divide the account. IRAs require a transfer incident to divorce directed by the Marital Settlement Agreement and the Judgment of Dissolution. Retirement accounts should be specifically identified and addressed in the settlement agreement, and any required QDROs should be drafted and submitted to the plan administrator promptly after the judgment is entered to avoid complications.