Filing for Divorce in Illinois

 Posted on January 19, 2026 in Family Law

Filing for divorce is a major life decision, and many people feel unsure about where to start. Divorce remains common across the country. In 2025, data from the National Center for Family and Marriage Research reported a refined divorce rate of about 14.2 divorces per 1,000 married women in the United States. Illinois divorce law focuses on clear procedures, fairness, and resolving disputes in a practical way whenever possible.

If you are thinking about ending a marriage in 2026, speaking with Glen Ellyn, IL divorce lawyers can help you understand what is involved in filing and how Illinois law applies to your situation.

Who Can File for Divorce in Illinois?

Either spouse may file for divorce in Illinois. The legal term used by the courts is dissolution of marriage. Under 750 ILCS 5/401, at least one spouse must have lived in Illinois for a minimum of 90 days before filing for divorce in the state. This is a requirement before the court can move forward with the case.

What Are the Legal Grounds for Divorce in Illinois?

Illinois is a no-fault divorce state. The only legal ground for divorce is irreconcilable differences. Irreconcilable differences means the marriage cannot be repaired. The court does not look at who caused the breakdown of the marriage. Instead, the focus is on resolving financial and family issues fairly under the Illinois Marriage and Dissolution of Marriage Act.

How Do You Start the Divorce Process in Illinois?

The divorce process begins when one spouse files a petition for dissolution of marriage with the circuit court. This is usually done in the county where either spouse lives.

After the petition is filed, the other spouse must be formally served with divorce papers. In most Illinois cases, the responding spouse has 30 days from the date of service to file a response with the court.

If no response is filed within that time, the case may continue without the other spouse’s input. This can affect how issues like property division, support, and parenting time are decided.

How Is Property Divided in an Illinois Divorce?

Illinois divides property using a system called equitable distribution under 750 ILCS 5/503. This means the court divides property in a way it believes is fair based on the facts of the marriage, not necessarily equally. First, all property is categorized as marital or separate property.

Marital Property in an Illinois Divorce

Marital property usually includes assets and debts acquired during the marriage, regardless of whose name is on them.

Common examples of marital property include:

• Income earned by either spouse during the marriage

• A home or other real estate purchased during the marriage

• Retirement accounts or pensions earned while married

• Vehicles bought during the marriage

• Joint bank or savings accounts

• Credit card balances or loans taken on during the marriage

Marital property is typically divided between the spouses as part of the divorce.

Separate Property in an Illinois Divorce

Non-marital property generally belongs to one spouse and is not divided, as long as it was kept separate.

Common examples of non-marital property include:

• Property owned by one spouse before the marriage

• Gifts made to only one spouse

• Inheritances that were left to one spouse

• Property protected by a valid prenuptial or postnuptial agreement

• Assets that can be traced back to non-marital sources

Problems can arise when non-marital property is mixed with marital property. This is called commingling and can make property division more complicated.

What Happens With Parenting Time and Parental Responsibilities?

When children are involved, the court must decide parenting time and parental responsibilities, commonly known as visitation and custody. Parenting time refers to when the child is with each parent. Parental responsibilities involve decision-making for education, health care, and other major issues.

Under 750 ILCS 5/602.7, Illinois courts focus on the best interests of the child. Judges consider factors such as the child’s needs, each parent’s involvement, and the parents’ ability to cooperate.

Is Child Support Required in Every Illinois Divorce?

Under 750 ILCS 5/505, child support is often required when parents do not share equal parenting time. Illinois uses income-based guidelines to calculate support. Courts may also consider health insurance costs, childcare expenses, and other child-related needs when setting support.

How Long Does a Divorce Take in Illinois?

The length of a divorce depends on whether the case is contested or uncontested. An uncontested divorce, where both spouses agree on all issues, may be completed more quickly.

Contested divorces usually take longer. Disagreements over property, finances, or children can extend the process. Court schedules and the level of cooperation between spouses also affect timing.

When Should You Speak With a Divorce Lawyer?

Many people benefit from speaking with a lawyer before filing for divorce. Early representation can help you understand your rights, gather important documents, and avoid mistakes that may affect the outcome. A lawyer can also explain options, such as negotiation or mediation, and help you decide the best way to move forward.

Schedule a Free Consultation With Our Wheaton, IL Divorce Attorneys

If you are considering filing for divorce, experienced legal guidance can help make the process clearer and less stressful. At NN Legal Group, we work with clients to explain Illinois divorce law and address concerns at each stage of the case.

Call 630-474-0925 to schedule a free consultation with our Glen Ellyn, IL divorce lawyers and learn how to take the next step with confidence. Hablamos Español.