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Before you start completing your uncontested divorce forms with us, please read all the requirements
for Illinois divorce. Make sure that your situation matches all the requirements.
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 Grounds for divorce
Residency requirements
Where to file
Property distribution
Joint simplified dissolution procedure
Spousal support
Child custody
Mediation and counseling
Grounds for divorce in Illinois are as follows:
- natural impotence of the spouse at the time of the marriage;
- the respondent had a living wife/husband at the time of the marriage;
- adultery;
- willful desertion of the spouse for one full year, including any period during which litigation may have pended between the spouses for dissolution of marriage or legal separation.
- habitual drunkenness of the spouse for two years;
- the respondent has been guilty of gross and confirmed habits caused by the excessive use of addictive drugs for the space of 2 years, or has attempted the life of the other by poison or other means showing malice, or has been guilty of extreme and repeated physical or mental cruelty, or has been convicted of a felony or other infamous crime; or the respondent has infected the other with a sexually transmitted disease.
- living separate and apart for a period in excess of two years;
- the irretrievable breakdown of the marriage caused by irreconcilable differences. The court has to determine that efforts at reconciliation have failed or that future attempts at reconciliation would be impracticable and not in the best interests of the family.
If the spouses have lived separate and apart for a continuous period of not less than 6 months next preceding the entry of the judgment dissolving the marriage, as evidenced by testimony or affidavits of the spouses, the requirement of living separate and apart for a continuous period in excess of 2 years may be waived upon written stipulation of both spouses filed with the court.
(750 Illinois Compiled Statutes, Chapter 5, Section 401)
What is the difference between fault divorce and no-fault divorce?
The court shall enter a judgment of dissolution of marriage if at the time the action was commenced one of the spouses was a resident of this State or was stationed in this State while a member of the armed services, and the residence or military presence had been maintained for 90 days next preceding the commencement of the action. (750 Illinois Compiled Statutes, Chapter 5, Section 401)
The petitioning spouse shall file to the Circuit Court of the _____ Judicial District, _____ County, Illinois.
Illinois law promotes amicable settlement of disputes between spouses.
Therefore, the parties may enter into a written or oral agreement containing provisions for disposition of any property owned by either of them, maintenance of either of them and support, custody and visitation of their children. (750 Illinois Compiled Statutes, Chapter 5, Section 502-a)
The terms of the agreement, except those providing for the support, custody and visitation of children, are binding upon the court unless it finds that the agreement is unconscionable. (750 Illinois Compiled Statutes, Chapter 5, Section 502-b)
For purposes of distribution of property pursuant to this Section, all pension benefits (including pension benefits under the Illinois Pension Code) acquired by either spouse after the marriage and before a judgment of dissolution of marriage or declaration of invalidity of the marriage are presumed to be marital property, regardless of which spouse participates in the pension plan. (750 Illinois Compiled Statutes, Chapter 5, Section 503)
The court shall divide the marital property without regard to marital misconduct in just proportions considering all relevant factors, including:
- the contribution of each party to the acquisition, preservation, or increase or decrease in value of the marital or non marital property, including the contribution of a spouse as a homemaker or to the family unit;
- the dissipation by each party of the marital or non marital property;
- the value of the property assigned to each spouse;
- the duration of the marriage;
- the relevant economic circumstances of each spouse when the division of property is to become effective, including the desirability of awarding the family home, or the right to live therein for reasonable periods, to the spouse having custody of the children;
- any obligations and rights arising from a prior marriage of either party;
- any antenuptial agreement of the parties;
- the age, health, station, occupation, amount and sources of income, vocational skills, employability, estate, liabilities, and needs of each of the parties;
- the custodial provisions for any children;
- whether the apportionment is in lieu of or in addition to maintenance;
- the reasonable opportunity of each spouse for future acquisition of capital assets and income; and
- the tax consequences of the property division upon the respective economic circumstances of the parties.
(750 Illinois Compiled Statutes, Chapter 5, Section 503)
The court, if necessary to protect and promote the best interests of the children may set aside a portion of the jointly or separately held estates of the parties in a separate fund or trust for the support, maintenance, education, and general welfare of any minor, dependent, or incompetent child of the parties. (750 Illinois Compiled Statutes, Chapter 5, Section 503-g)
In Illinois, the parties seeking dissolution of a marriage may file a joint petition for simplified dissolution procedure. Both parties have to certify that all of the following conditions exist when the proceeding is commenced:
- Neither party is dependent on the other party for support or each party is willing to waive the right to support; and the parties understand that consultation with attorneys may help them determine eligibility for spousal support;
- Either party has met the residency requirements of Section 401 of this Act;
- Irreconcilable differences have caused the irretrievable breakdown of the marriage and the parties have been separated 6 months or more and efforts at reconciliation have failed or future attempts at reconciliation would be impracticable and not in the best interests of the family;
- No children were born of the relationship of the parties or adopted by the parties during the marriage, and the wife, to her knowledge, is not pregnant by the husband;
- The duration of the marriage does not exceed 8 years;
- Neither party has any interest in real property;
- The parties waive any rights to maintenance;
- The total fair market value of all marital property, after deducting all encumbrances, is less than $10,000, the combined gross annualized income from all sources is less than $35,000, and neither party has a gross annualized income from all sources in excess of $20,000.
- The parties have disclosed to each other all assets and their tax returns for all years of the marriage;
- The parties have executed a written agreement dividing all assets in excess of $100 in value and allocating responsibility for debts and liabilities between the parties.
(750 Illinois Compiled Statutes, Chapter 5, Section 452)
The parties shall use the forms provided by the circuit court clerk, and the clerk shall submit the petition to the court. The court shall expeditiously consider the cause. Both parties shall appear in person before the court and, if the court so directs, testify. The court, after examination of the petition and the parties and finding the agreement of the parties not unconscionable, shall enter a judgment granting the dissolution if all necessary requirements of this part have been met and the parties have submitted the affidavit required under Section 454. (750 Illinois Compiled Statutes, Chapter 5, Section 453)
At the time of the hearing on the simplified dissolution procedure, the parties shall submit to the court an affidavit executed by both parties stating that all property has been divided in accordance with the agreement of the parties and that they have executed all documents required to effectuate the agreement. (750 Illinois Compiled Statutes, Chapter 5, Section 454)
Temporary spousal support may be ordered at party’s motion or at the court’s discretion.
The court may grant a temporary or permanent maintenance award for either spouse in amounts and for periods of time as the court deems just, without regard to marital misconduct, in gross or for fixed or indefinite periods of time, and the maintenance may be paid from the income or property of the other spouse. (750 Illinois Compiled Statutes, Chapter 5, Section 504)
Deciding maintenance issues the Circuit Court shall consider all relevant factors, including the following:
- the income and property of each party, including marital property apportioned and non marital property assigned to the party seeking maintenance;
- the needs of each party;
- the present and future earning capacity of each party;
- any impairment of the present and future earning capacity of the party seeking maintenance due to that party devoting time to domestic duties or having forgone or delayed education, training, employment, or career opportunities due to the marriage;
- the time necessary to enable the party seeking maintenance to acquire appropriate education, training, and employment, and whether that party is able to support himself or herself through appropriate employment or is the custodian of a child making it appropriate that the custodian not seek employment;
- the standard of living established during the marriage;
- the duration of the marriage;
- the age and the physical and emotional condition of both parties;
- the tax consequences of the property division upon the respective economic circumstances of the parties;
- contributions and services by the party seeking maintenance to the education, training, career or career potential, or license of the other spouse;
- any valid agreement of the parties; and
- any other factor that the court expressly finds to be just and equitable.
(750 Illinois Compiled Statutes, Chapter 5, Section 504)
The court shall determine custody in accordance with the best interest of the child. The court shall consider all relevant factors including:
- the wishes of the child's parents as to his custody; child’s wishes as to his custodian;
- the interaction and interrelationship of the child with his parent or parents, his siblings and any other person who may significantly affect the child's best interest;
- the child's adjustment to his home, school and community; the mental and physical health of all individuals involved; the physical violence or threat of physical violence by the child's potential custodian, whether directed against the child or directed against another person; the occurrence of ongoing or repeated abuse as defined in Section 103 of the Illinois Domestic Violence Act of 1986, whether directed against the child or directed against another person; and the willingness and ability of each parent to facilitate and encourage a close and continuing relationship between the other parent and the child.
The court shall not consider conduct of a present or proposed custodian that does not affect his relationship to the child. (750 Illinois Compiled Statutes, Chapter 5, Section 602)
Unless by stipulation of the parties or except as provided in subsection (a 5), no motion to modify a custody judgment may be made earlier than 2 years after its date, unless the court permits it to be made on the basis of affidavits that there is reason to believe the child's present environment may endanger seriously his physical, mental, moral or emotional health. (750 Illinois Compiled Statutes, Chapter 5, Section 610)
If the court concludes that there is a prospect of reconciliation, the court, at the request of either party, or on its own motion, may order a conciliation conference. The conciliation conference and counseling shall take place at the established court conciliation service of that judicial district or at any similar service or facility where no court conciliation service has been established. (750 Illinois Compiled Statutes, Chapter 5, Section 404)
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