{"id":373115,"date":"2016-03-31T21:35:11","date_gmt":"2016-04-01T02:35:11","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/state\/illinois-law\/illinois-legal-requirements-for-divorce.html"},"modified":"2024-03-07T11:07:50","modified_gmt":"2024-03-07T16:07:50","slug":"illinois-legal-requirements-for-divorce","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/illinois-law\/illinois-legal-requirements-for-divorce.html","title":{"rendered":"Illinois Divorce Laws"},"content":{"rendered":"\n
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Illinois Divorce Laws <\/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

Not all marriages last a lifetime. Many marriages will end in divorce<\/a>, which is unfortunate. If you’re considering ending your marriage, understanding Illinois\u2019 divorce laws is of utmost importance.<\/p>\r\n

The Illinois Marriage and Dissolution of Marriage Act governs the divorce process in Illinois<\/a>. You must meet the legal requirements for divorce before filing your petition for dissolution of marriage.<\/p>\r\n

Here, we\u2019ll explain what these requirements are. We will also summarize how child custody<\/a>, alimony, and property division are addressed in a divorce in Illinois.<\/p>\r\n

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

To file for divorce in Illinois, you must meet specific legal requirements<\/a>. First, you must meet the residency requirement<\/a>. This law requires that petitioners live in-state for at least 90 days before filing for divorce.<\/p>\r\n

The Illinois courts also require that you file your petition in either your county or your spouse’s county of residence. For example, if you live in Chicago, you can file divorce papers with the Circuit Court of Cook County.<\/p>\r\n

Illinois grants divorces based on irreconcilable differences which have led to the irretrievable breakdown of the marriage. Proving that you and your spouse have lived separately for at least six months before filing for divorce establishes irrebuttable evidence that the irreconcilable differences requirement has been met.<\/p>\r\n

You can also have a separation agreement that confirms the separation and the parties’ agreement to divorce.<\/p>\r\n

One of the benefits of living in Illinois is that there\u2019s no waiting period<\/a>. The judge can issue your final divorce judgment without waiting a specific time.<\/p>\r\n

Contested and Uncontested Divorce in Illinois<\/h2>\r\n

The two main types of divorce in Illinois are uncontested and contested. In an uncontested divorce, the parties often file a joint petition. To file for this type of dissolution, you and your spouse must agree on all terms of the divorce. An uncontested divorce may finalize within a matter of months.<\/p>\r\n

According to Illinois law, you must present a marital settlement agreement that addresses the following, if necessary:<\/p>\r\n