Illinois
The Divorce Process in Illinois
12 min read
Updated
Overview
Illinois became a pure no-fault state in 2016, eliminating all fault grounds. The sole ground is irreconcilable differences with 6 months of separation (though separation can be waived by agreement). Illinois uses equitable distribution and allocates parenting responsibilities rather than using custody terminology.
Residency Requirements
**Duration:** 90 days in Illinois
At least one spouse must have been a resident of Illinois for at least 90 days.
Grounds for Divorce
**No-Fault:** Irreconcilable differences
**Waiting Period:** 6 months separation (can be waived by written agreement)
Frequently Asked Questions
Is Illinois a no-fault state?
Yes, since 2016 Illinois is a pure no-fault state. The only ground is irreconcilable differences.
What is allocation of parenting responsibilities?
Illinois replaced traditional custody terminology with 'allocation of parenting responsibilities,' which includes significant decision-making and parenting time.
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Key Facts: Illinois
Filing Fee
Varies by county
Waiting Period
6 months separation (can be waived by written agreement)
Common-Law Threshold
Check state law
Property Division
Equitable Distribution
Child Support
Income Shares Model
These facts provide a general overview. Your specific situation may have unique considerations.