Divorce in Illinois: Laws, Process, and What You Need to Know (2026)

Introduction

Illinois underwent a major overhaul of its divorce laws in 2016, eliminating fault-based grounds entirely and becoming a strictly no-fault state. The state renamed custody to allocation of parental responsibilities, reflecting a modern approach to co-parenting.

Illinois is an equitable distribution state for property division purposes. Understanding how Illinois handles divorce can help you prepare for what lies ahead and make informed decisions about your future.

Residency Requirements

To file for divorce in Illinois, you must meet the state's residency requirements: 90 days residency. This means at least one spouse must have lived in Illinois for the required period before the court will accept a divorce filing. You will typically file in the county where either spouse resides.

Grounds for Divorce

Illinois is a strictly no-fault divorce state. The only ground is irreconcilable differences after 6 months separation. You do not need to prove wrongdoing by either spouse to obtain a divorce.

Property Division

Illinois follows the equitable distribution approach to dividing property in a divorce. Under this system, the court divides marital property fairly, though not necessarily equally. The judge considers factors like each spouse's economic circumstances, contributions to the marriage (including homemaking), the duration of the marriage, and any dissipation of assets.

Property that either spouse owned before the marriage, as well as gifts and inheritances received individually, is generally considered separate property and is not subject to division. However, if separate property has been commingled with marital assets, it may lose its separate character.

Alimony and Spousal Support

The court considers several factors when determining alimony in Illinois:

• Income and property
• Needs of each party
• Earning capacity
• Impairment of earning capacity
• Standard of living
• Length of marriage
• Age and health

In Illinois, alimony is referred to as "spousal maintenance." Illinois has a formula: (33% of payer's net income) minus (25% of payee's net income), capped at 40% of combined net income.

The duration and amount of alimony depend heavily on the length of the marriage and the financial circumstances of both parties. Short-term marriages are less likely to result in long-term alimony awards.

Child Support

Illinois uses the Income Shares model for calculating child support, based on both parents' net income and number of overnights.

Either parent can request a modification of child support if there is a substantial change in circumstances, such as a significant change in income, job loss, or a change in the child's needs.

Child Custody

Illinois courts determine custody based on the best interests of the child standard. The court evaluates a range of factors including each parent's relationship with the child, the child's adjustment to home and community, the mental and physical health of all parties, and the willingness of each parent to foster a relationship between the child and the other parent.

Most states, including Illinois, recognize both legal custody (decision-making authority regarding education, healthcare, and welfare) and physical custody (where the child lives). Both types can be awarded jointly or solely to one parent.

Mediation

Mediation is not required in Illinois, though it is often encouraged.

Filing Fees and Costs

Filing fees for divorce in Illinois typically range from $250-$400, though exact amounts vary by county. Additional costs may include:

• Attorney fees (if you hire a lawyer)
• Mediation or alternative dispute resolution fees
• Process server or publication fees
• Costs for financial experts or appraisers (in complex asset cases)
• Court-mandated parenting class fees (if children are involved)

Uncontested divorces are generally significantly less expensive than contested cases.

Key Considerations

• Waiting period: 6 months separation (can be waived by agreement after 6 months)

If you and your spouse can agree on the major issues, including property division, support, and custody, an uncontested divorce will save you significant time and money. Even in contested cases, exploring mediation or collaborative divorce may lead to a better outcome than a courtroom battle.

Frequently Asked Questions About Illinois Divorce

Is Illinois a community property state?

No, Illinois is not a community property state. Illinois follows equitable distribution, meaning the court divides marital property fairly but not necessarily equally. Only marital property (assets and debts acquired during the marriage) is subject to division. Non-marital property -- including assets owned before the marriage, inheritances, and gifts received individually -- generally remains with the original owner. The court considers factors such as each spouse's contribution to the marital estate, the value of each spouse's non-marital property, the duration of the marriage, and the economic circumstances of each spouse.

How is property divided in an Illinois divorce?

Illinois courts divide marital property through equitable distribution under the Illinois Marriage and Dissolution of Marriage Act. The court classifies assets as marital or non-marital, values them, and then divides the marital property equitably. Factors considered include each spouse's contributions (including homemaking), the economic circumstances of each spouse, the duration of the marriage, any prenuptial agreements, the age and health of both parties, and whether the division is in lieu of or in addition to maintenance. The court cannot consider marital misconduct when dividing property.

How long does a divorce take in Illinois?

Illinois requires a 6-month separation period before granting a no-fault divorce, though this can be waived if both parties agree and have lived apart for at least 6 months. An uncontested divorce where both spouses agree on all terms can be finalized in approximately 2 to 4 months after the separation requirement is met. Contested divorces typically take 6 to 18 months, and complex cases can take longer. The 90-day residency requirement must also be satisfied before filing.

Can I get alimony in Illinois?

Alimony (called "spousal maintenance" in Illinois) is calculated using a statutory formula: 33.33% of the payer's net income minus 25% of the payee's net income. The total combined maintenance and the recipient's net income cannot exceed 40% of the combined net income of both spouses. Duration is based on the length of the marriage, with a multiplier applied to the marriage length. For marriages of 20 years or more, the court may award permanent maintenance or maintenance for a period equal to the length of the marriage.

What are the grounds for divorce in Illinois?

Illinois is a strictly no-fault divorce state. Since 2016, the only ground for divorce is irreconcilable differences. You do not need to prove that your spouse did anything wrong. The court requires that the spouses have lived separate and apart for at least 6 months (which can be waived by mutual consent) and that efforts at reconciliation have failed or would be impracticable.

What are the residency requirements for divorce in Illinois?

At least one spouse must have been a resident of Illinois for at least 90 days before filing for divorce. This is one of the shortest residency requirements in the country. Military members stationed in Illinois may also qualify. The divorce is typically filed in the county where either spouse resides.

How much does a divorce cost in Illinois?

Court filing fees for an Illinois divorce range from approximately $250 to $400, depending on the county (Cook County, which includes Chicago, tends to be on the higher end). An uncontested divorce without attorneys may cost under $1,000. With attorney assistance, an uncontested divorce typically costs $2,000 to $5,000. Contested divorces average $10,000 to $25,000, with high-asset cases in the Chicago area potentially costing significantly more.

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This guide is for informational purposes only and does not constitute legal advice. Illinois laws may change. Consult a licensed Illinois attorney for guidance specific to your situation.