Family & Safety

A divorce is the legal process of ending a marriage or civil union. In Illinois, the process is called “dissolution of a marriage.” In a divorce, the court ends the marriage and all the legal benefits that come with it. At the end of a divorce case, a judge will issue an order called a "decree" or "judgment" that officially ends the marriage. The divorce judgment will cover the issues such as:

• Children and pets;
• Property and debt; and
• Spousal maintenance (also known as “alimony”).

A spouse is the term used to refer to the two people in a marriage. It can refer to a husband, a wife, or a domestic partner.

The spouse who files the petition for divorce is called the “Petitioner.” For simplicity, this spouse may be referred to in this content as the “filing spouse.”

The spouse who did not file the petition is called the “Respondent.” In this content, this person will be referred to as the “responding spouse.”

If at least one spouse has lived in Illinois for at least 90 days, the divorce can be filed in Illinois. A case can be filed in Illinois before the 90 days, but a judge cannot grant the divorce until the 90th day.

A married couple can get divorced if they can prove to a judge that there are "irreconcilable differences" between them. This can be shown by either:

• They cannot get along anymore, and
• They tried to reconcile and repair the marriage, but these attempts were neither practical nor in the best interests of the family.

There are no other reasons a judge will allow a divorce in Illinois. Illinois does not require one spouse to be “at fault” for the divorce. The spouse does not need to prove the other spouse's misconduct or fault to file.

In most cases, a divorce must be filed in the Illinois county where at least one spouse currently resides. At least one spouse must have lived in Illinois for at least 90 days.

In Illinois, to be considered a divorce without kids, the spouses:

• Do not have biological or adopted children together under the age of 18, 
• Are not currently pregnant, or
• Only have children together who are over the age of 18 and do not need financial support to attend school or due to a disability.

Learn more about getting a divorce without children.

In Illinois, to be considered a divorce with children, the spouses:

• Have at least one biological or adopted child together under the age of 18,
• Are currently pregnant, or
• Have at least one child together who is over the age of 18 and needs financial support to attend school or due to a disability.

In addition to dividing assets, property, and debt, the judge’s order will also cover the children and issues related to them, including:

• Parental responsibilities, including parenting time and decision-making authority. This used to be called "custody" and "visitation." 
• Child support, including health insurance

Learn more about getting a divorce with children.

As long as one spouse has lived in Illinois for 90 days, the divorce can be filed there. 

The next hurdle is providing the legally required notification that a divorce case has been filed. 

• If the filing spouse lives out-of-state, and the responding spouse lives in Illinois: the responding spouse can be served with process by a local Illinois sheriff or private process server.
• If the filing spouse lives in Illinois, and the responding spouse lives out-of-state:
  • If the out-of-state spouse is the is willing to accept service of process, or a local sheriff or private process server can easily serve them: the legal notification requirement process may be simpler. However, there may be issues in the divorce that a judge cannot decide unless the responding spouse agrees.
  • If the out-of-state responding spouse is not willing to accept service of process or cannot be easily served by a local sheriff or private process server:  it is recommended that the filing spouse talk to a lawyer for help with possible options. 
  • If a responding spouse lives outside of the US and is not willing to accept service of process: it is recommended that the filing spouse talk to a lawyer for help with possible options.

Learn more about notifying the other party when starting a family law case.

Only one divorce case between spouses can be pending at a time. If both spouses file for divorce, then one spouse will have to dismiss their case. In some counties, like Cook County, the two divorce cases will be consolidated into one.

There can be several costs associated with filing for divorce. First, there is a fee to file the divorce papers with the circuit clerk’s office. The cost varies from county to county. This information may be found by calling the circuit clerk’s office or checking their website. If the filing spouse cannot afford the filing fee, they may apply for a fee waiver. 

When a responding spouse files documents like the Appearance (Divorce), Answer or Response, or counterpetition, the circuit clerk can charge a fee as well. This cost also varies county to county and can be found on the clerk’s website or by calling them. If the responding spouse cannot afford the filing fee, they may apply for a fee waiver. 

There may be other fees charged during the divorce process, including:

• Legally notifying the responding spouse about the divorce case: service of process can involve fees, depending on who serves the responding spouse and how they are served. In some instances, a fee waiver can be used, but in others it cannot. Learn more about notifying the other party when starting a family law case. 
• Mediation: a judge may order a mediation in the case, and the spouses will have to pay the mediator.
• Parenting classes: parenting classes are required in a divorce involving children. The parents will have to pay for these classes unless there is a fee waiver order.
• Lawyer fees: a spouse may opt to hire a private lawyer to represent them in their divorce. Learn more about how lawyers charge for their services. In some instances, legal aid organizations may be able to represent an eligible spouse for free. In other situations, a judge may order one spouse to pay for the other spouse’s lawyer.

Learn more about the options and resources available to low-income individuals in a divorce.

Yes, a judge can order one spouse to pay for the other spouse’s lawyer in a divorce case. This can be called interim attorney fees. The judge can also conduct a contribution hearing to order the lawyer’s fees at the end of a divorce case.

Yes. The filing spouse must notify the responding spouse of the divorce case. This notification must be done in specific ways. Learn more about providing notice when starting a family law case.

If both spouses agree to the divorce as well as all the terms and issues in the divorce, the divorce is considered “agreed” and “uncontested.” These types of divorces can be granted more quickly, though a judge must still approve the agreement. The terms must be reasonable and cover the children's support. 

Illinois also allows for “joint simplified divorce.” If the spouses meet the requirements for this separate process, the divorce can be completed quickly with a single hearing. However, there are many eligibility requirements, including no children, income and asset limits, and no property. Learn more about joint simplified divorces.

In Illinois, as long as the filing spouse has properly met the legal requirements of the divorce and the divorce process, the judge will grant the divorce. While an uncooperative responding spouse may delay the divorce process, they cannot prevent the divorce itself. 

If the spouses do not agree to the divorce itself or to all of the issues in the divorce, the divorce is considered “contested.” Disagreements in a contested divorce may include:

• Whether to get a divorce
• Where the children should live
• Where a pet should live
• How much child support should be paid
• How property should be split up
• Who should pay certain debts
• Whether "maintenance" or spousal support (alimony) should be paid

Typically, these divorce cases take longer to resolve and may involve more hearings or processes, such as mediation. If the spouses still cannot agree on the terms, the judge will grant the divorce and decide them.

If the filing spouse files for divorce and properly notifies the responding spouse, and the responding spouse does not reply by filing an Appearance (Divorce), Answer or Response, or counterpetition within 30 days, it may be considered a “default” divorce, which is a type of “uncontested divorce.” The case will go on without the responding spouse, and the judge will make decisions based on what the filing spouse says. If a child is involved, the judge will consider what is in the child's best interests.

The statewide Motion for Default and Order for Default forms can be found on the Illinois Courts divorce form site.

There is no way to know exactly how long it will take to get a divorce. The length of time depends on many things. If both spouses can agree on how to settle issues in the divorce, the process will be shorter. Uncontested divorces can take around six months or longer to be resolved.

If both spouses cannot agree, the divorce process will take much longer and will be more costly. Contested divorces can take 18-24 months or longer to resolve. 

The spouses are not officially divorced until the judge signs the Judgment for Dissolution of Marriage/Civil Union.

Mediation is a process in which both spouses work with a neutral facilitator, called a mediator. There are situations where mediation in a divorce may not be appropriate, such as when there is domestic violence involved. However, for others, it may be a great way to reach a mutual agreement on difficult topics, so that a judge is not forced to decide.

The mediator will work with both spouses, who can still have their lawyers available to help them and answer questions. It is a confidential process. Either spouse can decide they no longer want to continue the mediation session at any time. 

In Illinois, mediation may be voluntary, with both spouses agreeing to try the process. Mediation may also be ordered by a judge as part of a case. This requirement varies county by county.

If the spouses decide to reconcile and no longer want to divorce, the filing spouse can file a motion to dismiss the divorce case. If the responding spouse had filed a counterpetition, then they would need to dismiss that as well. 

Learn more about dismissing a divorce case.

How a divorce affects a person’s immigration case depends on their immigration status. If the immigrant spouse is a lawful permanent resident (LPR), the divorce will not affect their immigration status. However, should this LPR want to apply to become a US citizen, they cannot naturalize as a US citizen spouse after a divorce. Instead, this person must prove their continuous residence in the US as an LPR for five years.

If the immigrant spouse has a conditional green card, then they must prove one of the following in order to stay in the US:

• They entered the marriage in good faith,  
• They will face hardship if deported to their home country, or 
• They were a survivor of domestic violence in the marriage.

Illinois divorce courts cannot contact US Immigration and Customs Enforcement (ICE). However, there is always a risk that ICE could deport an undocumented immigrant. It is highly recommended that undocumented immigrants talk to an immigration lawyer. It is also recommended that immigrants talk to a divorce lawyer to understand how the divorce will affect their specific immigration status.

Learn more about what happens in a divorce if one spouse is pregnant.

A person in a divorce can also petition for custody of a family pet. The judge will decide which spouse will get custody. The judge can consider the pet's best interests when making this decision.

Learn more about how debt is divided in a divorce. 
 

Learn more about how property and assets are divided in a divorce.

Learn more about how different retirement accounts like 401(k)’s, pensions, and IRAs are divided in a divorce.

The judge can order one spouse to pay spousal maintenance to the other. This used to be called "alimony" or "spousal support." Learn more about getting spousal maintenance after a divorce. 

While the divorce is pending, a judge can order an eligible spouse to pay the health insurance premiums for an ineligible spouse.

Under the Illinois Spousal Continuation Law, 215 ILCS 5/367.2, an ineligible ex-spouse of an eligible spouse in a health insurance group plan can continue coverage if they pay the full premiums on time for up to two years. This functions similarly to COBRA coverage.

The judge in the final divorce decree may also order spousal maintenance, of which part may be used for the ineligible spouse to purchase health insurance through the Illinois Health Insurance Marketplace.

The divorce process for a spouse in the military is generally the same as for a civilian spouse. However, there are some special protections.

For instance, the filing spouse can usually serve an active-duty responding spouse in the military using the same methods as other parties, such as personal service. However, military personnel have special legal protections under a federal law called the Servicemembers Civil Relief Act (SCRA), found at 50 USC App. §§501-597b. Because of these protections, the judge may delay the case if the responding spouse’s military duties make it hard for them to participate. The judge may also require extra steps before entering a default judgment for a filing spouse if the responding spouse does not respond. Learn more about the SCRA at Military OneSource.

In divorce cases, the judge may require an Affidavit as to Military Service to be completed to confirm whether the responding spouse is entitled to SCRA protections. Different counties may have their own versions on their websites, including Cook, Lake, Kane, Winnebago and Will counties.

Veterans, active military personnel, National Guard service members, reservists, their spouses, and their qualified dependents can receive free legal aid from the Illinois Armed Forces Legal Aid Network. Eligible individuals can call (855) 452-3526 to speak with a lawyer about legal issues such as family, housing, and consumer law.

Finally, note that the statewide divorce forms provided by the Illinois Courts cannot be used by a filing spouse if the responding spouse is on active duty with any US military branch or lives outside the US. The exception is if the responding spouse has signed the divorce Appearance form.

Learn more about divorce in military families at StatesideLegal and the Illinois Attorney General’s Legal Rights of Illinois Service Members.

In divorce cases, the judge may require an Affidavit as to Military Service to be completed to confirm whether the responding spouse is entitled to protections under the Servicemembers Civil Relief Act (SCRA), found at 50 USC App. §§501-597b. Different counties may have their own versions on their websites, including Cook, Lake, Kane, Winnebago, and Will counties.

Yes, a spouse can change their last name back to their former or maiden name after a divorce if they request this in the divorce petition. This only applies to a former or maiden name. If a spouse would like to change their name to a different one, they must file a separate adult name change case.

Getting a divorce when there is domestic or family violence in the relationship may be a stressful and dangerous time for a survivor. It is recommended that a lawyer help, both to serve as an advocate and buffer with an abusive spouse. In addition to the divorce, the lawyer may be able to help with other legal tools to protect the survivor, such as an Order of Protection. There are legal aid organizations that may be able to represent a survivor at no cost. Use Get Legal Help to find a free legal aid organization or private lawyer.

Spouses in a divorce can learn more about the process in Illinois, as well as get forms by looking at:

• Illinois Marriage and Dissolution of Marriage Act, 750 ILCS 5/101 - 802.
• The Illinois Courts’ Divorce, Child Support, and Maintenance information and forms
• Illinois State Bar Association’s Your Guide to Getting a Divorce in Illinois 
• Illinois counties’ information on divorce, including Cook, Kendall, Lake, DuPage, and Will counties.

Learn more about how to file a divorce with children and how to file a divorce without children, including the steps involved and the forms needed.

For simpler, less complicated cases, a lawyer may not be necessary. For instance, spouses who agree to the divorce and all the terms and who do not have children or property may be able to complete the joint simplified divorce process on their own.

However, a lawyer is recommended in situations where:

• The divorce is contested: the spouses cannot come to an agreement on major issues involving children, property, or debt;
• One spouse is represented by a lawyer: a pro se spouse is at a distinct disadvantage in a divorce if the other spouse is represented by a lawyer; or
• There is domestic violence involved in the relationship.

Use Get Legal Help to find a free legal aid organization or private lawyer.