Illinois Divorce Laws (2026): Grounds, Residency, and Process
Illinois Divorce Laws (2026): Grounds, Residency, and Process
Illinois is a no-fault-only state: you divorce by proving irreconcilable differences causing an irretrievable breakdown of the marriage. At least one spouse must be an Illinois resident for 90 days before the judgment is entered, and no prior separation period is required in uncontested cases.
Grounds for divorce in Illinois
Illinois has been a pure no-fault state since January 1, 2016, when legislation eliminated all fault-based grounds for divorce. Before that reform, spouses could cite adultery, cruelty, abandonment, and other misconduct. Today, the only statutory ground is irreconcilable differences that have caused an irretrievable breakdown of the marriage under 750 ILCS 5/401.
The statute does not require either spouse to assign blame or prove wrongdoing. Either spouse can file unilaterally; the other spouse's agreement is not required to obtain the divorce. Illinois courts do not investigate or adjudicate whether the breakdown was one spouse's "fault."
Because fault was abolished entirely, any history of misconduct during the marriage is generally not considered when dividing property or awarding maintenance in Illinois. There are narrow exceptions, such as dissipation of marital assets, but the divorce itself rests solely on the no-fault ground.
Residency requirement
At least one spouse must be an Illinois resident for a minimum of 90 days before the court enters the final judgment of dissolution (750 ILCS 5/401). Notably, the 90-day clock runs to the date of judgment, not the date of filing. This means a spouse can file a petition as soon as they establish Illinois residency, but the court cannot finalize the divorce until the 90-day period has been met.
Divorce cases in Illinois are handled by the Circuit Court. The petition is filed in the county where either spouse resides. Illinois has 102 counties, each with its own Circuit Court division; most large counties have a dedicated family law or domestic relations division.
There is no separate county residency requirement beyond the statewide 90-day rule. If both spouses live in different Illinois counties, either county's Circuit Court has jurisdiction to hear the case.
Waiting period and separation
Illinois does not impose a mandatory cooling-off waiting period between filing the divorce petition and receiving the final decree. An uncontested divorce with no disputed issues can, in theory, proceed to judgment as soon as the 90-day residency requirement is satisfied and all required disclosures have been exchanged.
The 6-month separation provision is often misunderstood. It is not a waiting period that spouses must complete before filing. Instead, it is an evidentiary rule for contested cases: if the spouses have lived apart for 6 months or more before the hearing, the court treats that separation as conclusive, irrebuttable proof that irreconcilable differences exist (750 ILCS 5/401). A judge cannot reject the divorce on the grounds that the breakdown is not genuine once that 6 months is met.
In uncontested cases, both spouses can waive the 6-month separation by agreement. They simply stipulate in the petition or a joint filing that irreconcilable differences exist. This means many Illinois divorces are finalized in a matter of weeks once all paperwork is complete, without any separation period at all.
How property is divided
Illinois is an equitable distribution state. Under 750 ILCS 5/503, a court divides only marital property, defined as property acquired by either spouse during the marriage (with limited exceptions). Equitable distribution means the division must be fair under the circumstances, but it does not mean equal: the court considers factors such as the length of the marriage, each spouse's economic circumstances, contributions to the marital estate, and any agreements the parties reached.
Separate property, which includes assets owned before the marriage, gifts and inheritances received by one spouse individually, and property excluded by a valid prenuptial agreement, is not subject to division. The spouse who owns separate property keeps it.
Marital debt is also divided equitably. The court looks at who incurred the debt, what it was used for, and each spouse's ability to repay it.
Alimony, custody, and child support
When a marriage involves financial dependence or children, the dissolution proceeding addresses all related matters. Illinois calls spousal support "maintenance" rather than alimony. Courts consider the income and needs of each spouse, the length of the marriage, and whether a spouse gave up career opportunities for the family. For guidance on Illinois-specific maintenance rules, see the Illinois alimony laws page.
Custody in Illinois is formally called "allocation of parental responsibilities" under the Illinois Marriage and Dissolution of Marriage Act as amended in 2016. Courts allocate decision-making authority over education, health, religion, and extracurricular activities, and set a parenting time schedule. For details on how Illinois courts make these decisions, see Illinois child custody laws.
Child support follows an income shares model in Illinois. Both parents' incomes are combined to determine the presumptive support obligation, which is then allocated proportionally. You can find an overview of calculations and guidelines on the Illinois child support laws page.
How to file for divorce in Illinois
The process begins with confirming that you or your spouse has been an Illinois resident long enough to satisfy the 90-day requirement at the time judgment is expected. You file the Petition for Dissolution of Marriage in the Circuit Court of the county where you or your spouse lives. The filing fee varies by county; check with the clerk's office in your county for the current amount.
After filing, you must formally serve the petition on your spouse according to Illinois rules of civil procedure. If your spouse agrees to participate, they can sign an Entry of Appearance form to waive formal service.
Both parties are required to exchange financial disclosures. Illinois requires a Financial Affidavit if either party seeks maintenance or if children are involved. This document lists income, expenses, assets, and debts.
If the case is uncontested, the spouses submit a Marital Settlement Agreement covering property, maintenance, and (if applicable) a Parenting Plan. The court reviews the agreement, may ask brief questions at a prove-up hearing, and enters the Judgment for Dissolution of Marriage. If the case is contested, it proceeds through discovery, possible mediation, and ultimately a trial before a judge.
Once the judge signs the Judgment for Dissolution, the divorce is final. Illinois does not impose a nisi period or any post-judgment waiting time before remarriage is permitted.
This article is general legal information, not legal advice. Divorce law varies by state and depends on the specific facts of your marriage. For advice about your situation, consult a licensed family-law attorney in Illinois.
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Sources
- Illinois Marriage and Dissolution of Marriage Act, 750 ILCS 5/401 (grounds, residency, separation presumption): https://www.ilga.gov/legislation/ilcs/ilcs5.asp?ActID=2086
- Illinois Courts self-help resources: https://ilcourtsaudio.blob.core.windows.net/antilles-resources/resources/divorce.html
For more on divorce across all states, see the Divorce Laws by State hub. Related Illinois family law topics: Illinois alimony laws, Illinois child custody laws, and Illinois child support laws.