Divorce in Illinois: How It Works, Step by Step (2026 Guide)
Illinois family law · Last reviewed October 8, 2026
Illinois calls divorce dissolution of marriage, and it's a pure no-fault state: the only ground is irreconcilable differences. There's no waiting period after filing, property is divided "in just proportions," and both maintenance and child support follow formulas. Illinois also stopped using the word "custody" in 2016; courts allocate parental responsibilities instead.
This guide walks through the whole process. Each topic links to a deeper page, and every legal statement cites the statute, rule or official source behind it. The divorce law is the Illinois Marriage and Dissolution of Marriage Act (750 ILCS 5); procedure also comes from the Code of Civil Procedure and the Illinois Supreme Court Rules.
Illinois divorce at a glance
| Question | Answer | Source |
|---|---|---|
| Residency | One spouse, 90 days (or stationed in Illinois with the military) | 750 ILCS 5/401(a) |
| Ground | Irreconcilable differences only | 750 ILCS 5/401(a) |
| Six months apart | Before judgment: an irrebuttable presumption of irreconcilable differences | 750 ILCS 5/401(a-5) |
| Waiting period after filing | None | 750 ILCS 5/401, 413 |
| Filing fee | About $306 to $459, set by each county | Circuit clerk fee schedules |
| Time to respond | 30 days after service | Ill. S. Ct. R. 101(d) |
| Default divorce | Allowed; the court may require proof | 735 ILCS 5/2-1301 |
| Property | Marital property divided in "just proportions," without regard to misconduct | 750 ILCS 5/503(d) |
| Maintenance | Guideline: 33⅓% of payor's net minus 25% of payee's, capped at 40% of combined net | 750 ILCS 5/504(b-1) |
| Child support | Income shares, HFS schedule (revised March 20, 2026) | 750 ILCS 5/505 |
| Parenting | Both parents presumed fit; best-interest factors; parenting class required | 750 ILCS 5/602.7; S. Ct. R. 924 |
| Remarriage | No waiting period | 750 ILCS 5/413(a) |
Who can file for divorce in Illinois
At least one spouse must have lived in Illinois, or been stationed here with the armed forces, for 90 days. The statute measures the 90 days back from the start of the case "or the making of the finding" (§ 401(a)). There's no minimum time in a county. You file in the county where either spouse lives, and filing in the wrong county doesn't make the case invalid: "In no event shall venue be deemed jurisdictional" (§ 104).
Grounds: irreconcilable differences
Illinois has one ground. The court must find that "Irreconcilable differences have caused the irretrievable breakdown of the marriage." If the spouses have lived separate and apart for six continuous months before the judgment, that finding is automatic (§ 401(a-5)). Your spouse can't block a divorce by refusing to agree.
Which Illinois divorce route fits your case?
A quick sort using 750 ILCS 5/401 and 5/452. A starting point, not advice.
Step by step
1. File the petition
One spouse (the petitioner) files a verified Petition for Dissolution of Marriage with the circuit clerk, using the statewide forms (with or without children), and pays the county's filing fee. Illinois requires e-filing, with exemptions for self-represented people who can't e-file. See forms and cost.
2. Serve your spouse, or get an appearance
The other spouse (the respondent) is served by the sheriff or a licensed process server, or files an appearance voluntarily. Once the respondent is served or appears, a dissolution action stay bars both spouses from abusing or harassing each other and from hiding a child from the other parent (§ 501.1). There's no automatic freeze on property.
3. The response, or a default
The respondent has 30 days after service to appear or answer (Supreme Court Rule 101(d)). If not, the petitioner can seek a default.
4. Financial disclosure
Each spouse completes a sworn Financial Affidavit listing income, expenses, assets and debts, with supporting documents. It's exchanged, not made part of the public record (§ 501(a)(1)).
5. Temporary relief
While the case is pending, either spouse can ask for temporary maintenance, child support, exclusive possession of the home, temporary allocation of parenting responsibilities, or attorney's fees (§ 501).
6. Children: parenting plan, class and mediation
Parents file proposed parenting plans within 120 days, complete a required parenting education program, and usually try mediation if they disagree. See parenting and custody.
7. Settle, or go to trial
Most spouses sign a marital settlement agreement (and, with children, an agreed parenting plan). If not, the court holds a trial, with grounds decided first, and must enter judgment within 60 days after the close of proofs (§ 413(a)).
8. The judgment
In an agreed or default case, a short prove-up hearing ends the case. "You are divorced when the judge signs the Judgment," as the statewide instructions put it. A post-judgment motion or notice of appeal is due within 30 days.
Money and children: how Illinois decides
Property. Marital property, including debts, is everything acquired during the marriage except nine non-marital categories such as gifts, inheritances and premarital property. It's divided "in just proportions" using 12 factors. See property division.
Maintenance. If appropriate, guideline maintenance for incomes under $500,000 is 33⅓% of the payor's net income minus 25% of the payee's, capped at 40% of combined net income, for a duration set by a multiplier table. See maintenance.
Child support. Income shares, using the HFS schedule; a shared-care formula applies at 146 overnights (110 from 2027). See child support.
Parenting. Decision-making and parenting time are allocated in the child's best interests; both parents are presumed fit; relocation is defined by distance. See parenting and custody.
Joint simplified dissolution
Couples with no children, a marriage of 8 years or less, no real estate, marital property under $50,000, combined income under $60,000 (neither over $30,000), and an agreement on everything can use a faster joint procedure, filing together and appearing together before the judge (§§ 451–457). See uncontested divorce.
Legal separation and annulment
Illinois allows legal separation (§ 402). It provides for support and maintenance while the spouses stay married; property is divided only if they agree. A legal separation doesn't prevent a later divorce. Declarations of invalidity (annulments) are available on limited grounds under § 301.
After the divorce
- Remarriage: no waiting period.
- Name: the judgment lets either spouse resume a former or maiden name "at any time" (§ 413(c)).
- Records: certified copies from the circuit clerk; a $5 verification from IDPH for divorces since 1962. See divorce records.
- Changes: maintenance and support can be modified after a substantial change in circumstances; parenting decision-making generally not within two years.
What's new in Illinois divorce law
| Effective | Change | Law |
|---|---|---|
| Jan. 1, 2024 | Guardians ad litem in parenting cases investigate and report without being required to testify or file a written report unless the court directs | Public Act 103-0126 |
| Jan. 1, 2025 | Child support: imputed income only after a hearing or by agreement, with written findings; incarceration isn't voluntary unemployment. Relocation distance measured by surface roads. Old rule on maintenance during imprisonment repealed | Public Act 103-0967 |
| Mar. 1, 2025 | Name changes outside divorce: 3 months' residency at the hearing; no newspaper publication | Public Act 103-1063 |
| Aug. 15, 2025 | Child support clarified for an 18-year-old still in high school, until 19 | Public Act 104-0340 |
| Mar. 1, 2026 | Mediation rule amended (remote mediation, interpreters) | Ill. S. Ct. R. 905 |
| Mar. 20, 2026 | New HFS child support schedule, now up to $27,374.99 of combined monthly net income | HFS |
| Jan. 1, 2027 | Child support shared-care formula starts at 110 overnights (now 146); low-income minimum threshold rises to 100% of the poverty guideline; annual income exchange; new incarceration modification process | Public Act 104-0733 |
| Jan. 1, 2027 | Companion Animal Custody Equity Act: factors for deciding possession of a companion animal | Public Act 104-0613 |
| Jan. 1, 2027 | Orders of protection: courts must grant requests for remote hearings unless there's good cause; using electronic tracking to surveil a petitioner is harassment | Public Act 104-0754 |
No pending bill on divorce, maintenance, child support, parenting time or pets had passed either house of the General Assembly as of October 2026.
Common myths about divorce in Illinois
| Myth | What the law says |
|---|---|
| You must be separated six months before filing. | No. Six months apart before the judgment is one way to prove the ground, not a filing requirement (§ 401(a-5)). |
| There's a waiting period after filing. | No. |
| Property is split 50/50. | It's divided in "just proportions" using factors (§ 503(d)). |
| Adultery affects the property split. | Property is divided "without regard to marital misconduct." |
| Mothers get custody. | Both parents are presumed fit, and the court allocates time by the child's best interests (§ 602.7). |
| The parenting class is optional. | It's required in cases with children unless excused (S. Ct. R. 924). |
| The state can send me a divorce certificate. | IDPH only verifies; the certified judgment comes from the circuit clerk. |
Frequently asked questions
How long do you have to live in Illinois to get a divorce?
90 days. One spouse must have lived in Illinois, or been stationed here in the military, for 90 days before filing or before the court makes its findings.
How long does a divorce take in Illinois?
There's no waiting period. The statewide instructions estimate six months to two years, depending on agreement and the court's schedule. A joint simplified dissolution can be much faster.
How much does a divorce cost in Illinois?
Filing fees run about $306 to $459 depending on the county, plus an appearance fee of roughly $181 to $250 for the responding spouse. Fees can be waived fully or partly for people with low incomes.
Is Illinois a no-fault divorce state?
Yes. The only ground is irreconcilable differences, and fault doesn't affect the property division.
Is Illinois a 50/50 divorce state?
No. Marital property is divided in "just proportions," which can be equal but doesn't have to be.
Can I get divorced in Illinois without a lawyer?
Yes. The Illinois Supreme Court's statewide forms, which every court must accept, are designed for self-represented people, and the Illinois Court Help line (833-411-1121) offers free guidance.