Chicago Legal Exchange helps people in Chicago, Schaumburg and Homewood understand a divorce from the first filing to the final judgment, whether the case is settled by agreement or has to be decided by a judge.
Who can file, and on what grounds
Illinois is a no-fault state. The only ground for divorce is irreconcilable differences: the marriage has broken down and attempts to reconcile have failed or would not be practical. If spouses have lived separate and apart for a continuous period of at least six months before the judgment is entered, the law treats that as proof of irreconcilable differences. Illinois also has a 90-day residency or military-presence requirement that is tied to the filing or to the court's finding, and an attorney can explain how it applies to your situation. The case is filed in the county where either spouse lives. In Cook County, divorces are heard in the Domestic Relations Division.
How a case usually unfolds
- Petition and notice. One spouse files a petition, and the other spouse must be served or take a step the law permits in place of service, such as a written waiver or an appearance in the case.
- Financial disclosure. Both spouses exchange sworn financial affidavits and supporting documents such as pay records, tax returns and account statements.
- Temporary orders. If needed, the court can set interim arrangements for support, parenting time or who stays in the home while the case is pending.
- Negotiation or hearing. Many couples reach an agreement, sometimes with a mediator. Issues that remain in dispute are decided by the court.
- Judgment. The court enters a judgment of dissolution that carries out the agreement or its own rulings.
Dividing property and debt
Illinois divides marital property in "just proportions," which means fairly, not automatically fifty-fifty. Property acquired during the marriage is generally marital, no matter whose name is on the title, while assets owned before the marriage, gifts and inheritances are usually nonmarital unless they were mixed with marital funds. The court weighs factors such as each spouse's contributions, the length of the marriage and each person's economic situation. Debts are allocated too, and retirement accounts often need a separate court order to divide correctly.
Maintenance and children
Spousal maintenance may be ordered in some cases, and Illinois has guideline calculations that courts consult for many of them. If you have children, the judgment also has to address parenting. Our guides to child custody and parenting time and child support explain those parts.
Contested and uncontested divorces
In an uncontested divorce the spouses agree on every issue and put the terms in a written marital settlement agreement. A contested divorce means at least one issue goes to the court. Many cases land in between: spouses agree on parenting, for example, but ask a judge to decide how a business or a home should be divided. Narrowing the disputed issues early usually lowers both the stress and the cost.
What to gather before your first conversation
- Recent pay records and your last few years of tax returns
- Statements for bank, retirement and investment accounts
- Mortgage, loan and credit-card statements, plus deeds and vehicle titles
- Any prenuptial or postnuptial agreement and any existing court orders
- A short list of your goals and your biggest worries
Frequently Asked Questions
Do we have to go to trial to get divorced?
No. Many divorces are finished by agreement, with the judge approving the settlement. A trial or contested hearing happens only for the issues the spouses cannot resolve themselves.
What if my spouse does not respond or cannot be found?
A spouse who is properly served and does not respond can be defaulted so the case can move forward. If a spouse cannot be located, the court may allow other methods of service after a documented search.
Can I go back to my former name?
Yes. You can ask the court to restore a former name in the divorce judgment, which saves a separate name-change filing.
Does it matter who files first?
Filing first does not decide who is right. Illinois courts resolve property, support and parenting questions on the facts and the law, not on which spouse filed the petition.
Other family law guides
Official resources
- Illinois Marriage and Dissolution of Marriage Act (750 ILCS 5) — Divorce and family law statutes
- Cook County Domestic Relations Division — Family court information and procedures