Divorce in Illinois
State-specific overview · Family Law
Illinois allows no-fault divorce based on irreconcilable differences with a six-month waiting period.
How Illinois treats Divorce
Illinois requires a six-month waiting period from the date of filing before a divorce can be finalized, though spouses can waive this period if both agree. The state recognizes irreconcilable differences as the sole no-fault ground, making it one of the more streamlined jurisdictions for divorce. Illinois uses equitable distribution for property division and considers factors like each spouse's contribution to marital property and future earning capacity when determining support obligations.
The general definition of Divorce
The legal dissolution of a marriage, ending the spouses' rights and responsibilities to each other.
Divorce is the legal process by which a married couple ends their marriage. It involves a court officially terminating the marriage and typically requires decisions about property division, spousal support, child custody, and child support. The process can be contested, where the spouses disagree on terms, or uncontested, where they agree on the major issues. Once a divorce is finalized, both parties are free to remarry and are no longer legally responsible for each other.
Read the full Divorce entry →This page is a plain-English reference and is not legal advice. State laws change frequently. For specific situations consult a licensed attorney in Illinois.