Going through a divorce can feel overwhelming, emotionally draining, and complicated—even if the decision is mutual. If you're considering or preparing to file for divorce in Illinois, it's important to know what to expect before, during, and after the process. Understanding the legal steps involved can make things feel more manageable and help you approach each phase with confidence.

Illinois, like every state, has its own divorce laws and procedures. What might apply in another state doesn't necessarily apply here, which is why being informed about the local process is crucial. Whether your divorce is contested or amicable, having a clear sense of how things work in Illinois can save time, reduce stress, and help you make informed decisions.

In this blog, we’ll walk you through five key things to expect when filing for divorce in Illinois. From residency requirements to property division, we'll cover the essentials so you’re not caught off guard. Whether you're handling it on your own or working closely with a family law attorney, these insights will help you prepare for what's ahead.

1. Illinois Is a No-Fault Divorce State

One of the first things to understand about filing for divorce in Illinois is that it’s a “no-fault” state. This means that neither spouse has to prove wrongdoing—such as adultery or abandonment—for the court to grant a divorce. The only grounds for divorce recognized under Illinois law is “irreconcilable differences,” which essentially means the marriage has broken down beyond repair and that attempts at reconciliation have failed or would not be in the best interest of the family.

This approach helps minimize blame and encourages a more civil process, particularly when children are involved. Because fault is not considered, it generally does not affect how the court divides property or determines spousal support. That said, any inappropriate behavior that directly impacts parenting—such as abuse or substance use—can play a role when the court evaluates custody or visitation arrangements.

For many people, the no-fault system can feel like a relief. It simplifies the filing process and helps keep the focus on resolving legal matters rather than dwelling on the emotional aspects of why the marriage ended.

2. You Must Meet Basic Residency Requirements

Before you file for divorce in Illinois, it's essential to understand the residency requirements. According to the Illinois State Bar Association, in Illinois there is no waiting period to file a divorce petition; however, a judgment may be granted once a party has resided in Illinois for 90 days. This requirement ensures that the state has jurisdiction over your divorce case.

This 90-day rule doesn't mean you have to be living separately for three months prior to filing—it strictly refers to where you or your spouse live. If you just moved to Illinois and are eager to get the process started, you can still file your petition right away, but the final judgment will not be issued until one of you has fulfilled the 90-day residency requirement.

It's also worth noting that if children are involved, the court may have additional jurisdictional rules regarding child custody, especially if the children have lived in another state within the past six months. This is where speaking with someone who practices family law in Illinois can help clarify your specific circumstances.

3. Property Division Is Based on "Equitable Distribution"

When it comes to dividing assets and debts in a divorce, Illinois follows the principle of equitable distribution. This doesn’t mean everything is split 50/50—instead, the court aims to divide marital property fairly, which may or may not be equally.

Marital property includes most assets and debts acquired during the marriage, regardless of whose name is on the title or account. This could include the family home, vehicles, bank accounts, retirement plans, and even certain debts. Non-marital property, which typically includes anything acquired before the marriage or through inheritance or gift, is usually not subject to division.

Keep in mind that while the court has the final say, couples often negotiate a property settlement outside of court through mediation or collaborative divorce. This can give you more control over the outcome and help reduce legal fees. It’s a good idea to consult someone experienced in family law to understand what a fair division looks like for your situation.

4. Parenting Plans and Child Support Are Determined in the Best Interests of the Child

If you have children, one of the most important aspects of your divorce will involve determining parental responsibilities (formerly known as custody) and parenting time (formerly visitation). In Illinois, the court’s primary concern is always the best interests of the child. That means decisions will focus on creating a stable, supportive environment for your kids.

Illinois law encourages both parents to be involved in their children’s lives, unless there are serious concerns like abuse or neglect. Parents are encouraged to develop a parenting plan together, which outlines things like where the child will live, a parenting time schedule, communication guidelines between parents and children, and more.

If parents can’t agree on a plan, the court will step in and make these decisions. Judges will consider factors such as each parent’s relationship with the child, the child’s adjustment to home and school, the willingness of each parent to foster a relationship with the other parent, and, in some cases, the child’s wishes (depending on age and maturity).

Child support is calculated based on the “income shares” model in Illinois, which takes into account both parents’ incomes and the amount of parenting time each parent has. The state provides guidelines, but courts can deviate from them when necessary. This is another area where working with a family law attorney can help ensure that your agreement is fair and in compliance with state laws.

5. The Divorce Timeline Can Vary Widely

One of the most common questions people have is: how long will this take? Unfortunately, there’s no one-size-fits-all answer. The timeline for a divorce in Illinois can vary dramatically based on factors like whether the divorce is contested or uncontested, how quickly spouses can reach agreements, and the complexity of issues like child custody or property division.

In a best-case scenario—such as an uncontested divorce where both parties agree on all terms—the process can be completed in a matter of a few months. In contrast, contested divorces can take a year or longer, especially if they go to trial.

Even if your divorce seems simple, issues can arise that slow things down—such as difficulty locating financial records or disagreements over parenting plans. Patience and preparation are key. Working with a trusted professional in family law can streamline the process and help you avoid common pitfalls that cause delays.

Filing for divorce is never easy, but knowing what to expect can make the process feel more manageable. Illinois has its own specific procedures and legal standards that govern how divorces are handled, from the no-fault requirement to how property and parenting responsibilities are divided. Understanding these rules and being prepared for each step can help you protect your interests and move forward with confidence.

Whether you’re just starting to consider divorce or are ready to file, getting guidance from a professional who understands Illinois family law is one of the most important steps you can take. They can help you navigate the paperwork, negotiations, and legal decisions while keeping your goals and your family’s well-being in mind.

If you're considering divorce and want experienced guidance tailored to Illinois law, the team at Mulyk Laho Law is here to help. Contact us today to schedule a consultation and take the first step toward a confident, informed future.