Illinois's Residency Requirements

The petitioner must have been an Illinois resident for 90 days before filing the divorce papers.

Illinois's Grounds for Divorce

Illinois residents may file for divorce under fault or no-fault grounds.

Illinois's no-fault grounds include:

• irreconcilable differences caused by irretrievable breakdown of the marriage without reconciliation while living separate and apart without cohabitation for 2 years or more

Illinois's no-fault grounds include:

• adultery
• conviction of a felony
• infection of spouse with a communicable disease
• willful desertion for 1 year or more

Illinois's Child Custody Guidelines

Divorcing parents are allowed to collaborate on a child custody arrangement. If the parents cannot reach a decision, an Illinois court will make a ruling.

Illinois courts consider factors such as:

• wishes of the child
• any history of abuse by either parent
• the child's adjustment to the community, school, and home

Illinois's Child Support Guidelines

If the parents cannot agree on the amount of child support and the paying parent, child support will be decided by state-specific calculations and guidelines.

Illinois courts consider factors such as:

• the standard of living experienced by the child during the marriage
• each parent's financial resources
• the physical and emotional needs of the child

Illinois's Spousal Support Guidelines

Spousal support can be paid in one lump sum, in installments, or periodically. The spouses may determine the spousal support amount and payment schedule, or the courts may award spousal support.

Illinois courts will consider factors such as:

• duration of the marriage
• whether a spouse contributed to the other's career or education
• standard of living experienced during the marriage
• each spouse's ability to support themselves

Illinois's Property Division Guidelines

Illinois has adopted community property guidelines, meaning all property acquired during the marriage will be divided into two equal parts. Spouses may collaborate on the property distribution, but if they are unable to agree the courts will make a ruling.

Illinois courts will consider factors such as:

• whether a spouse contributed to the property, including acquisition and upkeep
• duration of the marriage
• custodial arrangements
• each spouse's financial situation

Illinois's Venue Guidelines

A petitioner may file the divorce forms in their county of residence, or in the respondent's county of residence.