Illinois Divorce Laws

Illinois Divorce Laws Guidelines 

Divorce Requirements for Illinois Residents

Illinois Divorce papers may be filed in the Illinois county where the petitioner or the respondent have been a resident for at least 90 days.

Illinois Grounds For Divorce

Both fault and no-fault grounds for divorce or dissolution of marriage are recognized in Illinois.

What are the no-fault grounds for divorce in Illinois?

Irreconcilable differences leading to the breakdown of the marriage, as determined by the court based on sufficient evidence.

Both parties have been living apart without cohabitation for at least 24 months, or if both parties have agreed to dissolution of marriage then the required period of separation is only 6 months.

What are the fault grounds for divorce in Illinois?

1. Adultery
2.  Bigamy
3. Abandonment for a period of one year
4. Impotence
5. Alcohol or substance addiction for at least two years
6. Conviction of a felony or other infamous crime
7. Infection of STD by one spouse to the other
8. Inhuman treatment such as physical and mental cruelty perpetrated by one spouse to the other

Child Custody Law in Illinois

Illinois Divorce Courts may award either a sole or joint physical and legal custody if and when circumstances merit it to protect the welfare and best interests of the child. Generally, child custody is decided upon by the court based on, but not limited to, the following:

1. Wishes of the parents as to custody;
2. Wishes of the child as to his or her custodian, if the child is within age of maturity and with capacity to make sound decisions, as determined by the court;
3. Mental and physical health of parents and all parties involved;
4. Emotional bond between the child and each parent, including siblings if any;
5. Child’s adjustment to environment at home, school, and community, and other factors that could affect the child’s general well-being;
6. Physical violence or threat of the same by the potential custodian directed to the child or another person
7. History of sexual abuse or if either parent is a sex offender
8. The residential circumstances of the parents

Guidelines for Illinois Child Support

The State of Illinois uses a comprehensive set of guidelines in computing Child Support, which is based on a Flat Percentage of Income Model. The calculations are based on the paying parent’s net percentage of income and generally leaves out the financial capacity and status of the custodial parent. Child support must cover the reasonable needs of the child (physical, emotional, educational, medical, among others).

The child support ruling will be in effect until the child reaches 18 years of age or under 19 years old who is still attending secondary school.

Where to file for a divorce?

Illinois Divorce Forms may be filed in the county of residence of either the respondent or the petitioner.

For a fast and inexpensive divorce process, you can file Illinois online divorce forms.

Refer to the “Divorce Requirements for Illinois Residents” above and also review the best online divorce sites.

Mediation

Divorce mediation is highly recommended in the State of Illinois. Either party may file for a mediation settlement in the Illinois Family Courts to settle their divorce disputes by themselves instead of by the court. It allows for a private and less-intrusive divorce settlement compared to a courtroom drama which could generally make the divorce proceedings more painful and stressful for both parties, especially when there are children involved.

Need information for a different state?

View more state laws

You may also visit the Illinois Courts for more information