Illinois Divorce Law FAQs

Divorce records can be requested from the Illinois Department of Public Health (IDPH) for verification or from the county clerk’s office where the divorce was finalized. County clerks typically provide certified copies of the divorce decree.

Yes, divorce records are public in Illinois, but certain details such as financial disclosures or sensitive personal information may be sealed or restricted by the court.

Requests through the IDPH usually take 4-6 weeks by mail, while county clerk offices may provide records faster, especially for in-person requests. Expedited processing is available at an additional cost.

Illinois recognizes both fault and no-fault grounds, though most divorces are filed under “irreconcilable differences.” Fault grounds such as adultery or cruelty are rarely used because they do not usually affect property division.

Yes. Illinois is primarily a no-fault divorce state, meaning couples can dissolve their marriage by proving irreconcilable differences without assigning blame.

Illinois uses equitable distribution, where assets and debts are divided fairly, but not always equally. Courts consider factors like each spouse’s contributions, earning capacity, and future financial needs.

Courts rely on financial experts to assess business value using methods like market analysis, income approach, or asset-based valuation. Accurate valuation ensures fair distribution during divorce.

Yes, if the business or its increased value is considered marital property. Even if one spouse founded the business, appreciation during the marriage may be subject to division.

The best protection comes from prenuptial or postnuptial agreements. Business owners should also keep clear financial records and separate business finances from personal accounts.

A divorce is considered high net worth when the marital estate includes over $1 million in assets, multiple properties, business ownership, or complex financial portfolios.

Courts may appoint forensic accountants or valuation experts to handle stock options, trusts, international accounts, and real estate. Division follows equitable distribution but requires detailed financial investigation.

Yes. Prenuptial agreements are generally enforceable if they were signed voluntarily, with full financial disclosure, and without coercion.

Yes. Federal laws like the Servicemembers Civil Relief Act (SCRA) protect active-duty service members, and Illinois courts accommodate military service in scheduling hearings.

Military pensions are considered marital property under both federal and Illinois law. They are typically divided based on the length of marriage overlapping with military service.

You may file in Illinois if you or your spouse maintain Illinois residency, even if stationed elsewhere.

Yes. Illinois law applies equally to all couples, regardless of sexual orientation, in divorce, custody, and property matters.

Yes, as long as one spouse meets Illinois residency requirements, the state will recognize and process the divorce.

Custody decisions are based on the best interests of the child, considering parenting ability and stability, not the parents’ gender or sexual orientation.

Illinois’ divorce rate is lower than the national average, around 1.3-1.5 per 1,000 residents in recent years.

They are consistently below the U.S. average, reflecting national trends of declining divorce rates.

Yes, rates have gradually decreased, particularly among younger couples, while older age groups see relatively stable rates.

Yes. Divorce is more common among younger couples, while those over 50 experience lower but rising rates of “gray divorce.”

Higher education levels generally correlate with lower divorce rates, as financial stability often reduces marital strain.

Yes. Urban areas tend to have lower divorce rates than rural regions, partly due to differences in income and access to resources.

Irreconcilable differences, infidelity, financial strain, and lack of communication are leading causes.

While adultery does not directly determine property division, it may influence spousal support or custody if it impacts family finances or child welfare.

Yes. Financial difficulties are among the most frequently cited contributors to marital breakdowns.

Yes. Longer marriages often lead to larger spousal support awards and more complex property division.

Custody, parenting time, and child support become central issues. Courts prioritize the best interests of the children above other considerations.

Yes. Mental health conditions may affect custody, visitation rights, or spousal support if they impair parenting ability or financial stability.

The process involves filing a petition, serving the spouse, exchanging financial disclosures, negotiating settlement terms, and obtaining court approval.

Uncontested divorces can be resolved in a few months, while contested cases may take a year or more.

Yes, mediation is required in cases involving child custody or parenting disputes before going to trial.

You must file in the circuit court of the county where you or your spouse reside.

No, but legal representation is strongly advised to protect your rights and avoid costly mistakes.

A Petition for Dissolution of Marriage, financial affidavits, and related supporting documents are required.

You can order a verification through the IDPH or request a certified decree from the county clerk’s office where the divorce was granted.

No. A divorce certificate verifies the divorce occurred, while a decree contains the court’s final judgment on property, custody, and support.

The IDPH charges $5 for mail/in-person requests and $37.45 for fax/expedited service. County fees vary, typically $10-$20 per copy.

Forms are available on the Illinois Courts website or at your local county courthouse.

Yes, Illinois supports e-filing in most counties for faster processing.

Yes. Couples with children must complete additional parenting and child support forms.

Divorced spouses must file separately, and tax liability depends on income, custody arrangements, and support payments.

For divorces finalized after January 1, 2019, spousal support is neither taxable for the recipient nor deductible for the payer under federal law.

Usually the custodial parent claims dependents unless a court order or written agreement specifies otherwise.

Illinois uses an income shares model that considers both parents’ incomes, the number of children, and other financial factors.

Support covers basic needs like housing, food, education, clothing, and healthcare. Courts may also order contributions to extracurricular and childcare costs.

Until the child turns 18, or 19 if still in high school. Some support may continue for college expenses if ordered by the court.

Yes, available on the Illinois Department of Healthcare and Family Services website.

Income, parenting time, health insurance, childcare expenses, and number of children are all factored into the calculation.

Yes, it can be used to estimate child support obligations before filing.

You can request an order through the divorce process or by applying with the Illinois Department of Healthcare and Family Services.

Yes, if there is a substantial change in income, custody, or the child’s needs, courts may approve a modification.

Consequences include wage garnishment, liens, license suspension, fines, and possible jail time for repeated noncompliance.