What Are the Steps to Getting a Divorce in Illinois?

 Posted on April 21, 2026 in Divorce

Once you decide to end your marriage, knowing what to expect can make the process far less overwhelming. Illinois divorce law is straightforward in structure, even when the personal details are not. The Centers for Disease Control and Prevention recorded 672,502 divorces across the country in 2023, which means hundreds of thousands of families navigated the same steps you are facing now. If you plan to file for divorce in 2026, a Joliet divorce attorney can help you understand your options and protect your rights at every stage.

Does Illinois Require a Reason to File for Divorce?

Illinois is a no-fault divorce state, which means neither spouse has to prove the other did something wrong. The only legal ground for divorce is irreconcilable differences, which means that the marriage has broken down and cannot be fixed. Under the Illinois Marriage and Dissolution of Marriage Act (750 ILCS 5/401), a court grants a divorce once it finds that irreconcilable differences caused the breakdown, that efforts at reconciliation failed, and that trying again would not serve the family's best interests.

If spouses have lived separate and apart for at least six months before the divorce is finalized, the court takes that as proof that the marriage is over. Illinois does not require a couple to live in different homes to be considered living separate and apart. Spouses who live in the same house but no longer function or present themselves as a married couple can still meet this standard.

How Do You File for Divorce in Illinois?

The process starts when one spouse files a Petition for Dissolution of Marriage in the circuit court of the county where either spouse lives. At least one spouse must have lived in Illinois for 90 days before filing. Once the petition is filed, the other spouse is formally served and given a chance to respond.

From there, the case takes one of two paths:

• Uncontested divorce: Both spouses agree on all major issues. These cases move faster and cost less.
• Contested divorce: The spouses disagree on one or more issues, and a judge may need to step in. These cases take longer and benefit most from legal representation.

Many couples start out contested and reach a settlement before trial through negotiation or mediation. Having an attorney from the start puts you in a stronger position.

What Issues Does an Illinois Divorce Resolve?

An Illinois divorce does more than end a marriage. It also settles the legal and financial ties between spouses. Most divorces address the following.

Property Division

Illinois courts divide marital property equitably, meaning fairly but not always equally. Courts weigh factors like the length of the marriage and each spouse's financial situation. Property owned before the marriage or received as a gift or inheritance is generally treated as separate property and not subject to division.

Allocation of Parental Responsibilities

Illinois law no longer uses the word "custody." Instead, it breaks parenting into two parts: decision-making authority, which covers major choices about education, healthcare, and religion, and parenting time, which is the schedule for when each parent is with the children. All decisions are based on the best interests of the child.

Child Support

Illinois uses an income shares model to set child support. Both parents' incomes are taken into account, and the amount can be adjusted for costs like healthcare and childcare. Child support does not end automatically when circumstances change. A parent must ask the court for a modification.

Spousal Support

Spousal support, also called maintenance, is not automatic in every divorce. Courts look at each spouse's income, the length of the marriage, and the standard of living the couple maintained. If you have questions about whether spousal support applies to your case, an attorney can help you understand what to expect.

How Long Does a Divorce Take in Illinois?

The timeline depends on how much the spouses agree on. An uncontested divorce can be finalized in a few months. A contested case that needs court hearings or a trial can take a year or more. Staying organized and working with an attorney who knows Will County courts can help keep things on track.

Schedule a Consultation with Joliet, IL Divorce Lawyers

Divorce is one of the biggest changes a person can face, and you deserve guidance that goes beyond quick fixes. At Jordan Steele & Associates, LLC, our attorneys bring over 40 years of combined experience to every case. As a Black women-owned firm, we believe clients deserve more than band-aid solutions. We serve clients in English and Spanish. Contact our experienced Elgin, IL family law attorneys for a consultation. Call 872-314-0080 today.