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Divorce in Illinois
Everything you need to know about filing for divorce in Illinois — waiting periods, filing fees, property division rules, and key requirements.
Filing Fee
$250-$340
Waiting Period
None
Response Deadline
30 days after service
Property Division
Equitable Distribution
Fault Grounds
No-fault only
Average Duration
6-12 months
E-Filing
Available
Mandatory Mediation
Yes
Mandatory Parenting Class
Parents must complete a court-approved parenting education class, typically 4 hours.
Child Preference Considered
Age 14+
What Makes Illinois Different
- Illinois eliminated all fault-based grounds in 2016 — only irreconcilable differences is available.
- Joint simplified dissolution is available for short marriages with limited assets.
- Illinois uses 'allocation of parental responsibilities' instead of 'custody.'
Property Division in Illinois
Illinois follows equitable distribution. This means marital property is divided fairly — but not necessarily equally. Courts consider factors like marriage duration, each spouse's income and earning potential, contributions to the marriage (including homemaking), and the needs of any children. What the court considers "fair" can vary significantly case by case.
Note: This guide provides general information about divorce in Illinois and should not be considered legal advice. Laws change, and your specific situation may involve nuances not covered here. Consult a qualified family law attorney in Illinois for advice about your case.
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