Family & Safety

In Illinois, a divorce is called a “dissolution of marriage.” The steps and forms involved can differ depending on whether there are children in the marriage.

In a divorce with children:

• The spouses have at least one biological or adopted child together under the age of 18; 
• One spouse is currently pregnant; or 
• The spouses 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.

If the spouses do not have at least one child together that falls under these categories, they can proceed with their case as a divorce without children. Learn more about divorce without children.

If the spouses have biological or adopted children who are under the age of 18, these children must be included in the divorce. If the divorce paperwork does not include the minor children or decisions about them, such as parental responsibilities, the judge will likely not grant the divorce.  

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.”

In Illinois, a couple can still get divorced if one of them is pregnant. How the pregnancy affects the divorce depends on whether the husband is the biological father of the child or someone else is.

When a couple is married, and a child is born during the marriage/civil union or within 300 days after the end of the marriage/civil union, there is a presumption that the husband is the biological father. If there is evidence he is not, or another person steps forward to claim paternity, then there are steps that have to be taken to show the judge that the child is not a “child of the marriage.”  If the child is legally determined not to be a child of the marriage, the divorce proceeds as a divorce with no children, assuming there are no other children.

If the other spouse is determined to be the legal father of the child, then the case will proceed as a divorce with children. Issues such as child support, decision-making for the minor children, and parenting time will have to be decided in the case.

No. The simplified divorce process can be used only if there are no children from the marriage. However, if the spouses agree to the divorce and all the terms, the process will still be faster since it’s uncontested, unlike a contested divorce.

Yes. While the divorce case is pending, one or both of the spouses can ask the judge for a temporary order to remain in effect until the final Judgment  is signed. The temporary order can address issues in the meantime, such as getting child support, decision-making for the minor children, and parenting time.  These orders can be changed or updated as the case goes on if circumstances change.

Learn more about standing orders and temporary orders. 

Yes, one parent may be able to receive child support from the other parent after or during the divorce. Learn more about getting child support.

Illinois has moved away from the terms “custody” and “visitation” and instead uses the term “parental responsibilities.” This includes two different areas involving the children:

• Decision-making ability: the power of the parent to make decisions about how to raise the child, including the areas of education, healthcare, religion, and extracurricular activities.
• Parenting time: the time a child spends with a parent.

The final divorce order can decide all these issues for the children of the marriage, and a parenting plan will be put in place to outline how parental responsibilities will be shared between the spouses.  The judge can share responsibilities between the parents or may give one parent the authority to make all decisions. Learn more about parental responsibilities.

In all divorce and parentage cases, the parents are required to attend a court-approved parenting education class. This class teaches parents how to co-parent effectively and avoid hurting their children during the divorce process.

Under IRS rules, the parent with whom the child lives with the majority of the year can claim the child as a dependent on their annual tax returns.  The Court can change this in the divorce and may require that the parents alternate who claims the child, or allow for a nonresidential parent to claim the child, for example, if the residential party does not file taxes.  However, special IRS forms must be submitted for the nonresidential parent to claim the child.

Information and statewide forms for getting a divorce with children can be found on the Illinois Courts’ Divorce, Child Support, and Maintenance site.  Learn more about filing a divorce with children, including step-by-step instructions and forms.

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 divorce and how to file a divorce with children, including the steps and forms involved.

In a divorce with children, there are many issues that must be addressed, including child support and parental responsibilities. The case may become complicated quickly, so a lawyer’s help is recommended.

Lawyers are also recommended when:

• The divorce is contested: the spouses cannot come to an agreement on major issues involving 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.