Divorce in Illinois
Illinois is a no-fault divorce state that eliminated all fault-based grounds in 2016. The state uses equitable distribution for property division and requires irreconcilable differences as the sole ground. Illinois requires at least 90 days of residency before filing.
Quick Facts
Residency Requirement
90 days residency required
Waiting Period
6 months separation (waivable)
Filing Fee
$300-$400
Property Division
equitable distribution
Grounds for Divorce
- •Irreconcilable differences
Key Facts
- ★Illinois eliminated fault-based divorce grounds in 2016
- ★A 6-month separation period is required but can be waived by agreement
- ★Property is divided using equitable distribution
- ★Illinois uses 'allocation of parental responsibilities' instead of custody
- ★At least one spouse must have lived in Illinois for 90 days
Child Custody
Illinois replaced the terms 'custody' and 'visitation' with 'allocation of parental responsibilities' and 'parenting time' in 2016. The court determines allocations based on the best interests of the child and requires parents to submit a parenting plan.
Alimony / Spousal Support
Illinois uses a formula to calculate maintenance (alimony): 33.33% of the payor's net income minus 25% of the payee's net income, capped at 40% of combined net income. Duration depends on the length of the marriage.
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Common questions about divorce in Illinois
Illinois requires a 6-month separation period before granting a divorce based on irreconcilable differences. However, both spouses can waive this requirement if they agree, allowing the divorce to proceed more quickly.
Illinois uses a statutory formula: 33.33% of the payor's net income minus 25% of the payee's net income. The combined total cannot exceed 40% of both parties' combined net income. Duration is based on the length of the marriage.