Taking the First Step
Ending a marriage is never easy—but you don’t have to figure it out alone. Whether you’re ready to file or simply exploring your options, knowing how divorce works in Illinois can help you move forward with clarity and confidence.
The Basics You Need to Know
- No-Fault Divorce – Illinois only requires “irreconcilable differences.” You don’t have to prove blame, and your spouse doesn’t have to agree for the process to move forward.
- Children Involved? – Custody (called allocation of parental responsibilities) and parenting time will be decided with the child’s best interests in mind.
- Property Division – Illinois follows “equitable distribution,” which means assets are divided fairly, not always equally.
Do I need my spouse’s permission to file?
No. Your spouse doesn’t need to agree to the divorce.
How long does it take?
Uncontested divorces can be finalized quickly, sometimes in a few months. Contested cases may take longer, depending on disagreements about property, support, or parenting.
What if I just moved here?
As long as you or your spouse have lived in Illinois for 90 days, you can file. For cases involving children, Illinois generally requires the kids to have lived here for at least six months.
The Illinois Divorce Process at a Glance
Step 1: File a Petition
Start the case by filing paperwork in your local circuit court.
Step 2: Serve Your Spouse
The petition is delivered to your spouse, giving them a chance to respond.
Step 3: Share Information
Both spouses provide financial details and work through custody, support, and property division.
Step 4: Reach Agreement or Go to Court
Many couples settle outside court, but if not, a judge decides.
Step 4: Final Judgment
Once everything is resolved, the court issues a Judgment of Dissolution of Marriage.