Divorce in Illinois

Divorce in Illinois is legally known as the Dissolution of Marriage.

Filing for divorce in Illinois requires you or your spouse to be a resident of Illinois, or stationed as a member of the armed services for at least 90 days before filing for divorce.1

Illinois is both a fault and no-fault divorce state. A judge only needs to find that there are irreconcilable differences to grant a no fault divorce. 1 Illinois divorce laws also allow divorce following a legal separation of at least two years. Fault-based grounds for divorce in Illinois include impotence, adultery, bigamy, abandonment of over a year, conviction of a felony, an attempt on the spouse’s life, habitual drunkenness, and infection by a spouse, e.g. STD.2

Illinois is an equitable distribution property state, and only property acquired during the marriage is subject to division following divorce. The courts attempt to divide the property in a manner believed to be fair and equitable. The judge will, however, consider factors such as non-monetary contributions, economic misconduct, and contributions to a partner’s education.3

1750 ILCS 5/401(a)

2750 ILCS 5/401(a-5)

3750 ILCS 5/503