Illinois's rule on how to file for divorce turns on a feature the national template does not capture: At least one party must have resided in Illinois for 90 days before filing. Grounds: No-fault irreconcilable differences is the exclusive ground (Illinois abolished most fault grounds). Property: equitable distribution. Illinois is an equitable-distribution state. Marital property is divided fairly based on statutory factors, not necessarily equally; separate property generally remains with the owning spouse if traceable. The controlling authority is 750 ILCS 5/401 to 5/504. Waiting period: No separate mandatory cooling-off beyond ordinary caseflow; judgment may enter after required waiting for appearance/default and financial disclosures. File in Circuit court in the county where either party resides.
Key takeaways
- Residency: At least one party must have resided in Illinois for 90 days before filing.
- Grounds: No-fault irreconcilable differences is the exclusive ground (Illinois abolished most fault grounds).
- Property: equitable distribution — Illinois is an equitable-distribution state.
- Waiting period: No separate mandatory cooling-off beyond ordinary caseflow; judgment may enter after required waiting for appearance/default and financial disclosures.
- Filing forum: Circuit court in the county where either party resides.
- Primary authority: 750 ILCS 5/401 to 5/504.
Worked example under Illinois law
The illustration below uses only rules already stated for Illinois. It is a research hypothetical, not a prediction of what a court will do.
A spouse wants to file for divorce in Illinois and is unsure about residency, grounds, and property.
- Confirm residency: At least one party must have resided in Illinois for 90 days before filing.
- Plead grounds Illinois recognizes: No-fault irreconcilable differences is the exclusive ground (Illinois abolished most fault grounds).
- Expect property division under equitable distribution: Illinois is an equitable-distribution state. Marital property is divided fairly based on statutory factors, not necessarily equally; separate property generally remains with the owning spouse if traceable.
- Plan the timeline: No separate mandatory cooling-off beyond ordinary caseflow; judgment may enter after required waiting for appearance/default and financial disclosures. A petition for dissolution of marriage is filed in circuit court. Parties exchange financial affidavits. Temporary relief can address support and parenting. Contested cases use discovery, mediation, and trial. The judgment allocates marital property under equitable distribution, addresses maintenance, and incorporates an allocation judgment for parenting.
Illinois courts and legal-aid programs publish divorce forms; Cook County and other large counties have extensive self-help resources.
Residency and where to file
At least one party must have resided in Illinois for 90 days before filing. File in the Circuit court in the county where either party resides. Wrong venue or missing residency can delay service, temporary orders, and the final decree — confirm the county clerk’s checklist before you pay the filing fee.
Grounds for divorce in Illinois
No-fault irreconcilable differences is the exclusive ground (Illinois abolished most fault grounds).
Even in no-fault states, fault allegations can still affect temporary support, attorney’s fees, or credibility disputes. Read the live statute text on LawDiver and pair it with the LawDiver search rail scoped to Illinois.
Property division: equitable distribution
Illinois is an equitable-distribution state. Marital property is divided fairly based on statutory factors, not necessarily equally; separate property generally remains with the owning spouse if traceable.
Retirement accounts, closely held businesses, and marital homes often need valuations and Qualified Domestic Relations Orders (QDROs). Do not assume an informal split of bank accounts finishes the case.
Waiting periods and timelines
No separate mandatory cooling-off beyond ordinary caseflow; judgment may enter after required waiting for appearance/default and financial disclosures.
The typical Illinois divorce process
A petition for dissolution of marriage is filed in circuit court. Parties exchange financial affidavits. Temporary relief can address support and parenting. Contested cases use discovery, mediation, and trial. The judgment allocates marital property under equitable distribution, addresses maintenance, and incorporates an allocation judgment for parenting.
Self-help and when to hire counsel
Illinois courts and legal-aid programs publish divorce forms; Cook County and other large counties have extensive self-help resources.
Related Illinois guides
- Child custody and parenting time in Illinois
- Security deposit return in Illinois
- DUI penalties in Illinois
Case law: divorce in Illinois
JOSEPH KUJAWINSKI, Appellee, v. BETTY ANN KUJAWINSKI Et Al.-(Edward O. Laumann, Appellant.)
…Plaintiff, Joseph Kujawinski, who was a party to a pending divorce action, brought this action individually and as a representative of that class of persons similarly situated who were parties to pending divorce litigation or who would become parties to divorce litigation and who had ownership, title and a vested right to property. Plaintiff alleged that he was the father of s…
Practitioners open JOSEPH KUJAWINSKI, Appellee, v. BETTY ANN KUJAWINSKI Et Al.-(Edward O. Laumann, Appellant.) when Illinois divorce turns on the distinction in this sentence: "Plaintiff, Joseph Kujawinski, who was a party to a pending divorce action, brought this action individually and as a representative of that class of persons similarly situated who were parties to pending divorce litigation or who would become parties to divorce litigation and who" Do not lift it out of the facts the court was deciding.
In Re MARRIAGE OF PAULA N. DERNING, Respondent-Appellant, and JOHN P. DERNING, Petitioner-Appellee
…able. In response, respondent asserts that the May 7, 1982, divorce decree determining the rights of the parties to this lawsuit was a final and appealable order, and the apportioning of fees between the parties was collateral and incidental to the final divorce decree. Central to respondent’s argument that attorney fees are incidental is Pettit v. Pettit (1978), 60 Ill. App. 3…
In Re MARRIAGE OF PAULA N. DERNING, Respondent-Appellant, and JOHN P. DERNING, Petitioner-Appellee is worth reading on Illinois divorce because the court put the point in its own words: "In response, respondent asserts that the May 7, 1982, divorce decree determining the rights of the parties to this lawsuit was a final and appealable order, and the apportioning of fees between the parties was collateral and incidental to the final divorce decree." Use that passage as the starting point, then read the facts that precede it.
In Re MARRIAGE OF SANDRA K. BARNES, Petitioner-Appellant, and EDWARD H. BARNES, Respondent-Appellee
…on the issues of property and maintenance in the event of a divorce. At all times relevant here, Edward was the sole shareholder and chief executive officer (CEO) of Glass Specialty Company, Inc. He earns in excess of $250,000 per year and enjoys various perks, including use of the company plane and vehicles. Shortly after the marriage, Sandra quit her office job (earning $19,0…
In Re MARRIAGE OF SANDRA K. BARNES, Petitioner-Appellant, and EDWARD H. BARNES, Respondent-Appellee is worth reading on Illinois divorce because the court put the point in its own words: "At all times relevant here, Edward was the sole shareholder and chief executive officer (CEO) of Glass Specialty Company, Inc. He earns in excess of $250,000 per year and enjoys various perks, including use of the company plane and vehicles." Use that passage as the starting point, then read the facts that precede it.
FIRST MIDWEST, a Division of Jacksonville Savings Bank, F/K/A Jacksonville Savings and Loan Association
…had done so. First Midwest was aware of the Coxes' pending divorce at the time of the July 15 loan and mortgage. James Cox told Gloria Leskovisek, First Midwest’s vice-president, about the pending divorce a couple of months before the July 15 loan was made, while discussing possible restructuring financing options. Patricia Cox also told Leskovisek about the pending action in…
Practitioners open FIRST MIDWEST, a Division of Jacksonville Savings Bank, F/K/A Jacksonville Savings and Loan Association when Illinois divorce turns on the distinction in this sentence: "First Midwest was aware of the Coxes' pending divorce at the time of the July 15 loan and mortgage." Do not lift it out of the facts the court was deciding.
MARY L. LICCIARDI, Plaintiff-Appellee and Cross-Appellant, v. HAROLD E. COLLINS Et Al., Defendants-Appellants and
…mplaint alleged the following. Plaintiff and Licciardi were divorced on January 29, 1979, in the circuit court of Cook County. The judgment of dissolution incorporated by reference a separation agreement which provided for, inter alia, maintenance in gross to plaintiff. At the time of the divorce, Licciardi was president and chief operating officer of Anadite, Inc., a Californi…
MARY L. LICCIARDI, Plaintiff-Appellee and Cross-Appellant, v. HAROLD E. COLLINS Et Al., Defendants-Appellants and is worth reading on Illinois divorce because the court put the point in its own words: "Plaintiff and Licciardi were divorced on January 29, 1979, in the circuit court of Cook County. The judgment of dissolution incorporated by reference a separation agreement which provided for, inter alia, maintenance in gross to plaintiff." Use that passage as the starting point, then read the facts that precede it.
In Re MARRIAGE OF CAROL GARLINSKI, Petitioner-Appellee, and RICHARD GARLINSKI, Respondent-Appellant
…eal on the grounds that the wife relied on and accepted the divorce decree by filing an inheritance tax return in which she stated that she was divorced on August 28, 1979, to which the wife filed objections. We ordered the motion to dismiss the cross-appeal and the motion for leave to file affidavits taken with the case. The wife initially argues that the August 28, 1979, judg…
In Re MARRIAGE OF CAROL GARLINSKI, Petitioner-Appellee, and RICHARD GARLINSKI, Respondent-Appellant is worth reading on Illinois divorce because the court put the point in its own words: "August 28, 1979, to which the wife filed objections. We ordered the motion to dismiss the cross-appeal and the motion for leave to file affidavits taken with the case." Use that passage as the starting point, then read the facts that precede it.
HELEN M. RINGSTROM, Plaintiff-Appellant, v. LARRY ALLEN RINGSTROM, Defendant-Appellee
…JUSTICE MILLS delivered the opinion of the court: Marriage. Divorce. Remarriage. Another divorce. Husband now liable for child support arrearages under first decree? No. We affirm. Plaintiff appeals the trial court’s order dismissing á rule to show cause why defendant should not be held in contempt for failing to pay child support arrearages for the years 1971 to 1974, and 1976…
Illinois opinions such as HELEN M. RINGSTROM, Plaintiff-Appellant, v. LARRY ALLEN RINGSTROM, Defendant-Appellee are cited where divorce is disputed. The court stated: "JUSTICE MILLS delivered the opinion of the court: Marriage. Divorce. Remarriage. Another divorce. Husband now liable for child support arrearages under first decree?" That is the language to brief; the rest of the decision supplies the procedural posture.
JOSEPH F. LEAHY Et Al., Petitioners-Appellants, v. MARGARET K. LEAHY SCHUETT, Respondent-Appellee (Brian Leahy Et
…. The petition alleged that: (1) Robert and respondent were divorced on May 18, 1984; (2) at the time of the divorce, the property located at 4923 N. Clark Street in Chicago was held in a land trust with Cole Taylor Bank (formerly known as Skokie Trust and Savings Bank) as trustee; (3) the land trust agreement had not been changed since March 8, 1978, to terminate respondent’s…
On divorce, JOSEPH F. LEAHY Et Al., Petitioners-Appellants, v. MARGARET K. LEAHY SCHUETT, Respondent-Appellee (Brian Leahy Et speaks to the Illinois dispute in this passage: "The petition alleged that: (1) Robert and respondent were divorced on May 18, 1984; (2) at the time of the divorce, the property located at 4923 N." The surrounding opinion shows how the court applied that language to the record.
Frequently asked questions
How long do I have to live in Illinois before filing for divorce?
At least one party must have resided in Illinois for 90 days before filing.
Is Illinois a community-property state?
Illinois follows equitable distribution. Illinois is an equitable-distribution state. Marital property is divided fairly based on statutory factors, not necessarily equally; separate property generally remains with the owning spouse if traceable.
Do I need a lawyer to get divorced in Illinois?
Illinois courts and legal-aid programs publish divorce forms; Cook County and other large counties have extensive self-help resources.
What happens to child custody in a Illinois divorce?
Custody and parenting time are decided under Illinois’s best-interests framework. See child custody and parenting time in Illinois.
This guide covers Illinois law as of 2026. Statutes and local rules change — verify the live text on LawDiver before filing.