Illinois Divorce FAQ — 35 Most Common Questions Answered (2026)

Basics

Can I file for divorce in Illinois without a lawyer? Yes. Illinoislegalaid.org's document assembly makes DIY divorce very accessible for uncontested cases.

Does Illinois have a waiting period for divorce? No mandatory waiting period. Uncontested divorces typically finalize in 4–8 weeks. The 6-month separation period in Illinois law is a presumption, not a requirement.

What are the residency requirements for Illinois divorce? At least one spouse must have been an Illinois resident for 90 days before the court can enter the Judgment. You can file before meeting this requirement.

What are grounds for divorce in Illinois? Illinois eliminated all fault grounds in 2016. The only ground is irreconcilable differences.

Does my spouse have to agree to the divorce? No. Illinois allows either spouse to obtain a divorce based on irreconcilable differences regardless of the other's wishes.

Timeline

How long does an Illinois divorce take? Uncontested divorces typically take 4–8 weeks. With children: 6–12 weeks. Contested: 6 months to years.

What is the 6-month separation rule? If spouses have lived separate and apart for 6 months, Illinois law creates an irrebuttable presumption of irreconcilable differences. But this separation period is NOT required — both spouses can agree that irreconcilable differences exist without waiting.

Does Cook County take longer? Yes, significantly. Cook County (Chicago) has the busiest courts in Illinois. Consider filing in a collar county if you qualify and want a faster process.

Forms and Filing

Where do I get Illinois divorce forms? Illinoislegalaid.org (best source — document assembly). Also illinoiscourts.gov. Cook County filers: cookcountycourt.org.

What is a "prove-up" hearing? A brief final hearing where you present your MSA and supporting documents to the judge. For uncontested cases, it typically takes 5–15 minutes.

Do I have to appear in court? Some Illinois counties allow document submission without a court appearance for uncontested cases. Most require a brief prove-up. Check with your county.

Can I e-file in Illinois? Yes — efile.illinoiscourts.gov is the statewide e-filing portal.

Property

Is Illinois a community property state? No. Illinois is an equitable distribution state — property is divided fairly based on circumstances, not automatically 50/50.

What is "maintenance" in Illinois? Illinois uses "maintenance" instead of "alimony." Either spouse can request it. In agreed divorces, both can waive it entirely.

What about Illinois public pensions? Illinois has multiple public pension systems (IMRF, TRS, SURS, SERS, CTPF). Each has its own division order process — different from a standard QDRO. Contact the specific plan before finalizing your MSA.

Children

What happened to "custody" in Illinois? Illinois eliminated "custody" and "visitation" in 2016. The current terms are "allocation of parental responsibilities" (for decision-making) and "parenting time" (for the physical schedule).

Is a Parenting Plan required? Yes — required in every Illinois divorce involving minor children, and must be filed within 120 days of service.

How is child support calculated? Illinois uses the Income Shares model with a parenting time credit. Both parents' net incomes determine the total obligation, which is then divided proportionally and adjusted for parenting time. Use ilchildsupport.com.

What if my child wants to live with me but my spouse disagrees? A child's preference is a best interest factor in Illinois — but unlike Georgia, it is not binding at any age. Courts weigh the preference based on the child's age and maturity.

What are Illinois's relocation rules? If a parent with significant parenting time moves more than 25 miles (Cook, DuPage, Kane, Lake, McHenry, Will counties) or 50 miles (other counties) from their current residence, written agreement or court approval is required.

After Divorce

How do I change my name in Illinois? Your Judgment can include a name restoration. Take certified copies to the Social Security Administration first, then the Illinois Secretary of State for your driver's license.

What if my ex violates the Judgment? File a Petition for Rule to Show Cause (contempt) with the Circuit Court. Illinois courts take violations seriously.

Last reviewed: March 2026

Last reviewed: March 2026 · Verify current fees and forms with your local court before filing.