Illinois divorce explained: the 90-day residency rule, pure no-fault irreconcilable differences, the separation presumption, and equitable distribution.
Disclaimer: This article provides general educational information about Illinois divorce procedure and is not legal advice. Court rules, forms, and fees change, and individual situations vary. Verify current requirements with your county Circuit Court clerk or consult a licensed Illinois attorney.
Illinois modernized its divorce law in 2016. It eliminated all fault grounds, replaced "custody" with allocation of parental responsibilities, and made irreconcilable differences the only ground. The result is one of the more straightforward no-fault systems in the country — the case is called a dissolution of marriage and is filed in Circuit Court.
At least one spouse must have been a resident of Illinois for 90 days before the court enters the judgment. This is shorter than most states.
Since 2016, Illinois has a single ground: irreconcilable differences that have caused the irretrievable breakdown of the marriage. There are no fault grounds anymore — no adultery, no cruelty, nothing to prove.
Illinois makes proving irreconcilable differences easy:
The case opens when you file a Petition for Dissolution of Marriage with the Circuit Court clerk in your county, stating the basic facts and what you are requesting. Filing fees vary by county, commonly in the $300–$400 range, with a fee waiver available.
The respondent must be served, unless they sign an Entry of Appearance and Waiver acknowledging the case. After service, the respondent has 30 days to respond.
You (or the court) must address:
In an uncontested case these go into a Marital Settlement Agreement plus an Allocation Judgment / Parenting Plan when children are involved.
In an uncontested case, you attend a short prove-up hearing where the judge confirms the terms, then signs the Judgment for Dissolution of Marriage. Some counties allow simplified or remote prove-ups.
Illinois also offers a Joint Simplified Dissolution for couples who meet strict criteria — short marriage, no children, limited property and income, no maintenance — which is even faster.
Illinois divides marital property equitably — fairly, not necessarily equally. Non-marital property (owned before marriage or received by gift or inheritance) generally stays with that spouse.
❌ Expecting to allege fault — Illinois no longer recognizes fault grounds ❌ Using outdated "custody" language instead of allocation of parental responsibilities ❌ Skipping the parenting plan when children are involved ❌ Missing the 90-day residency requirement ❌ Assuming "equitable" means automatic 50/50
Q: What are the grounds for divorce in Illinois? A: Only irreconcilable differences. Illinois eliminated all fault grounds in 2016.
Q: Do I have to be separated to divorce in Illinois? A: Not necessarily, but living separate and apart for 6 months conclusively establishes irreconcilable differences. Spouses can also stipulate to the breakdown.
Q: How long does an Illinois divorce take? A: An uncontested dissolution can finish in a couple of months after filing and prove-up; contested cases take longer.
Q: What replaced custody in Illinois? A: "Allocation of parental responsibilities" (decision-making) and "parenting time," set out in a parenting plan.
Q: How much does it cost to file? A: Filing fees vary by county, commonly $300–$400, with a fee waiver available for those who qualify.
Our platform builds the Illinois dissolution package — petition support, marital settlement agreement framework, parenting plan, and affidavits — using current Illinois terminology and formatting. We do not provide legal advice or file for you.
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