{"id":373083,"date":"2016-09-13T12:56:57","date_gmt":"2016-09-13T17:56:57","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/state\/illinois-law\/illinois-divorce-process.html"},"modified":"2024-03-13T08:45:43","modified_gmt":"2024-03-13T13:45:43","slug":"illinois-divorce-process","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/illinois-law\/illinois-divorce-process.html","title":{"rendered":"How To File for Divorce in Illinois"},"content":{"rendered":"\n
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How To File for Divorce in Illinois<\/h1>\n
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\n By Christie Nicholson, J.D.<\/a> | Legally reviewed by Rhonda Earhart, Esq.<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

Marriage vows may include promises to stay together until death, but you don’t have to wait that long in Illinois. Illinois law allows for a fast and relatively uncomplicated divorce process. As long as you meet specific requirements, you can finalize your divorce in months.<\/p>\r\n

A contested divorce takes a lot longer than an uncontested divorce. If you and your spouse agree on the terms of your divorce, you can file an uncontested divorce and submit a copy of your marital settlement agreement.<\/p>\r\n

You’ll file a contested divorce if you and your spouse disagree on significant issues. Your Illinois divorce attorney will attempt to negotiate a property settlement agreement with your spouse\u2019s lawyer. If they can do this, your divorce will move at a swift pace. If not, the family court judge will schedule a trial to decide these issues for you.<\/p>\r\n

Here, we\u2019ll discuss the Illinois divorce process. We\u2019ll also explain how the divorce laws in Illinois work regarding child custody, alimony, and property division.<\/p>\r\n

Illinois Is a No-Fault Divorce State<\/b><\/h2>\r\n

Like many states, Illinois offers a no-fault divorce<\/a> option. You don\u2019t have to prove that your spouse engaged in misconduct during the marriage. The court only requires that you certify you and your spouse have irreconcilable differences<\/a>.<\/p>\r\n

Unlike most other states, Illinois law doesn\u2019t recognize the traditional grounds for divorce<\/a>. In this way, the courts in Illinois treat all divorces as no-fault divorce cases.<\/p>\r\n

Requirements for a Divorce in Illinois<\/b><\/h2>\r\n

You must meet specific legal requirements before qualifying for divorce in Illinois. For example, you must meet Illinois\u2019 residency requirements<\/a>. You or your spouse must have lived in Illinois for at least 90 days before filing your court forms.<\/p>\r\n

Illinois differs from most other states by not having a required waiting period<\/a> for divorce.<\/p>\r\n

Separation in Illinois<\/b><\/h2>\r\n

How do you prove a divorce based on irreconcilable differences in Illinois? To grant a divorce based on irreconcilable differences, the court must make the following finding<\/a>: "Irreconcilable differences have caused the irretrievable breakdown of the marriage and the court determines that efforts at reconciliation have failed or that future attempts at reconciliation would be impracticable and not in the best interests of the family."<\/p>\r\n

One way to establish that the marriage is irretrievably broken is by having the couple live separated from one other for at least six months. A six-month separation provides strong, although rebuttable, evidence that the marriage is irretrievably broken.<\/p>\r\n

The separation period allows couples a chance to repair their marriage rather than divorce. The good news is that you and your spouse can waive this requirement in a written agreement.<\/p>\r\n

If you have not been separated for six months, you may still go ahead and file for divorce based on irreconcilable differences. As long as the judge can make the required findings as discussed previously, there is no specific period that must pass before being granted a divorce.<\/p>\r\n

If there are issues to settle such as custody, visitation, and support, it will be difficult to finalize a divorce in less than six months.<\/p>\r\n

How To File for Divorce in Illinois<\/b><\/h2>\r\n

Once you fulfill the above requirements, you can file your petition for dissolution of marriage\/civil union. You must also submit additional documents when you file your divorce petition.<\/p>\r\n

These documents include:<\/p>\r\n