Skip to content

United States · State guide

Divorce inIllinois.

Family law is state law. Here is how it works in Illinois: the property rules, support, how to file, what it costs, who enforces it, and every FairWell guide and tool set up for Illinois.

Official source: www.illinoiscourts.gov

¿Prefiere leer en español? Tenemos una guía práctica de separación y divorcio en Estados Unidos. Leer la guía

Property division

Equitable distribution state: marital property is divided fairly, which usually means roughly equally but the court can adjust based on statutory factors; separate property stays with the owner.

Residency and waiting period

Court: Circuit Court

Generally, 90 days residency and no set waiting period. If the spouses have lived apart for 6 continuous months, irreconcilable differences are presumed. Exceptions apply; check the official source for current rules.

Child support

Income shares model since 2017. Illinois law addresses companion animals in property division; check the official source for the current rule.

Retirement accounts

Workplace retirement plans are divided by a Qualified Domestic Relations Order (QDRO) prepared after the decree; IRAs are divided by the decree itself. A former spouse married ten years or more may claim Social Security on the ex's record.

Enforcement

Child support is enforced by Illinois Division of Child Support Services under the federal Title IV-D program: income withholding, tax refund intercepts, license suspension and passport denial for arrears.

Health insurance

Divorce ends a former spouse's eligibility on an employer plan. COBRA continuation is available for up to 36 months at full cost; the ACA marketplace opens a special enrollment period.

Official guidelines and tools

The government and court sources for child support, spousal support, the family law statute and self-help. Use these to check any estimate, including ours.

Common questions

How is property divided in an Illinois divorce?

Equitable distribution state: marital property is divided fairly, which usually means roughly equally but the court can adjust based on statutory factors; separate property stays with the owner.

How do I file for divorce in Illinois?

Generally, 90 days residency and no set waiting period. If the spouses have lived apart for 6 continuous months, irreconcilable differences are presumed. Exceptions apply; check the official source for current rules. File in the Circuit Court.

When does child support end in Illinois?

Child support usually ends at 18, or at 19 if the child is still in high school. A court can order contributions to college expenses, generally until age 23 (up to 25 for good cause), and can order support for an adult child with a disability.

Check the official source

What happens to property when unmarried couples separate in Illinois?

Illinois does not allow couples to form a common-law marriage, so unmarried partners who separate are not covered by the state's divorce property-division rules. Property generally belongs to whoever holds title, subject to any written agreement or contract between you.

Check the official source

How long do you need to live in Illinois to file for divorce?

You or your spouse must have been a resident of Illinois for at least 90 days. Divorce is filed in the circuit court of the county where you or your spouse lives.

Check the official source

Official help: Illinois Legal Aid Online: Divorce. Rules change, so confirm with a family lawyer in Illinois before you rely on them.

Illinois

Get organized in Illinois

Guided questions for separation agreements, parenting plans and financial disclosure, linked to the official sources on this page and organized into a plain-language summary for a local family lawyer, who prepares the agreement and advises you.

See pricingFind an Illinois professional

This page is legal information, not legal advice. It summarizes how the process works in Illinois so you can plan; the official sources above are where current fees, forms and deadlines live, and they are the final word if anything here differs. When you're ready, the assessment and FairWell's guided questions link to the rules for Illinois; a local lawyer prepares any agreement and advises you before you sign.