Ending a marriage or resolving a dispute about children is one of the most personal legal processes a person can face. Knowing how the system works in Cook County will not make the decisions easy, but it can make the process more predictable. This guide covers the core rules of the Illinois Marriage and Dissolution of Marriage Act (750 ILCS 5), how cases move through the Circuit Court of Cook County, and the questions people most often ask at the start.
Who can file for divorce in Illinois
To file for dissolution of marriage in Illinois, at least one spouse must have resided in Illinois for 90 days before filing or before the court makes its findings. You do not need to have lived in Cook County for a specific period, but the case should be filed in an appropriate county, typically where either spouse lives.
Grounds: Illinois is a no-fault state
Since 2016, the only ground for divorce in Illinois is irreconcilable differences that have caused the irretrievable breakdown of the marriage. You do not need to prove adultery, cruelty, or other misconduct, and marital misconduct is generally not considered when dividing property.
If the spouses have lived separate and apart for a continuous period of at least six months immediately before the judgment, there is an irrebuttable presumption that irreconcilable differences exist. Spouses can be considered "separate and apart" even while living under the same roof in some circumstances.
Where Cook County divorce cases are heard
Divorce, parentage, and related cases are handled by the Domestic Relations Division of the Circuit Court of Cook County, primarily at the Richard J. Daley Center, 50 W. Washington Street in downtown Chicago, with some cases heard at suburban district courthouses. Many hearings may be conducted remotely or in a hybrid format; check the court's website for current procedures and courtroom assignments.
The basic steps of a divorce case
While every case is different, most follow a general path:
- Filing the petition. One spouse files a Petition for Dissolution of Marriage and pays the filing fee (fee waivers are available for those who qualify).
- Service. The other spouse is formally served or signs an appearance.
- Response. The responding spouse files an appearance and response within the deadline stated in the summons.
- Financial disclosure. Both spouses generally must complete a detailed Financial Affidavit with supporting documents such as tax returns, pay stubs, and account statements.
- Temporary orders. If needed, the court can enter temporary orders on support, parenting time, use of the home, and attorney's fees while the case is pending.
- Discovery and negotiation. The parties exchange information, and many cases settle through negotiation or mediation.
- Judgment. The case concludes with a Judgment for Dissolution of Marriage, often incorporating a Marital Settlement Agreement and, where there are children, an Allocation Judgment and Parenting Plan.
For short marriages with no children, no real estate, and limited income and assets, Illinois offers a Joint Simplified Dissolution procedure. The eligibility requirements are specific, including income and asset limits that are set in the statute, so check the current requirements on the Illinois Courts website before relying on this option.
Dividing property and debts
Illinois uses equitable distribution. The court first classifies property as marital or non-marital, then divides marital property in just proportions, which is not always a 50/50 split.
- Marital property generally includes most property acquired by either spouse during the marriage, regardless of whose name is on the title.
- Non-marital property generally includes property acquired before the marriage, gifts and inheritances to one spouse, and certain other categories defined in Section 503.
Retirement accounts, pensions, business interests, and the marital home often require careful valuation. Debts are allocated as well. Commingling non-marital assets with marital assets can complicate classification.
Maintenance (spousal support)
Maintenance is not automatic. The court first determines whether maintenance is appropriate based on factors listed in Section 504, such as each spouse's income and property, needs, earning capacity, the standard of living during the marriage, and the length of the marriage.
If maintenance is appropriate and the spouses' combined gross annual income is less than $500,000, and the paying spouse has no obligation for child support or maintenance from a prior relationship, Illinois guidelines generally apply:
- The amount is calculated as 33⅓% of the payor's net annual income minus 25% of the payee's net annual income;
- The amount, when added to the payee's net income, cannot exceed 40% of the parties' combined net income;
- Duration is calculated by multiplying the length of the marriage by a statutory factor that increases with the length of the marriage.
Courts may deviate from the guidelines with findings. Because the statute has been amended several times, confirm the current version of Section 504 with an attorney.
Child support
Illinois uses an income shares model for child support. The court combines both parents' net incomes, determines the basic support obligation from a schedule published by the Illinois Department of Healthcare and Family Services, and allocates that obligation in proportion to each parent's share of the combined income. Adjustments may apply for shared parenting time (generally when each parent has the children for a substantial number of overnights per year), health insurance, child care, and extracurricular expenses. Because the support schedule is updated periodically, use the current official guidelines and calculator.
Parenting: "allocation of parental responsibilities"
Illinois no longer uses the terms "custody" and "visitation." Instead, courts allocate parental responsibilities, which include:
- Significant decision-making about education, health care, religion, and extracurricular activities; and
- Parenting time, meaning the schedule of when the child is with each parent.
Decisions are based on the best interests of the child, considering factors listed in the statute, such as the child's wishes, each parent's involvement, the child's adjustment to home and school, and any history of abuse. Each parent generally must file a proposed parenting plan within 120 days after filing or service, or the parties can submit an agreed plan.
In Cook County, parents in cases involving minor children are typically required to complete a parenting education program, and the court commonly refers contested parenting issues to mediation, except where there are safety concerns such as domestic violence. The court may appoint a guardian ad litem or child representative in some cases.
If a parent wants to relocate with a child to a new residence beyond the distances set in the statute, notice and, absent agreement, court approval are required.
Unmarried parents
For parents who were never married, the Illinois Parentage Act of 2015 governs establishing parentage, support, and parental responsibilities. A Voluntary Acknowledgment of Paternity signed at the hospital or later can establish legal parentage, and the court can then address parenting time and support.
Orders of protection and safety
If you are in immediate danger, call 911. Under the Illinois Domestic Violence Act of 1986, a person experiencing abuse by a family or household member can seek an order of protection. Emergency orders may be available the same day. In Cook County, many of these petitions are handled at the Domestic Violence Courthouse, 555 W. Harrison Street, and advocates are available there. The Illinois Domestic Violence Hotline can also help with safety planning.
Costs and attorney's fees
The cost of a divorce depends heavily on how much the spouses agree. Section 508 allows the court to order one spouse to contribute to the other's attorney's fees in some circumstances, which helps level the playing field when incomes differ significantly.
When to talk with a family law attorney
Many people benefit from legal advice before filing, or as soon as they are served. It is especially important to consult a lawyer if:
- You have children and disagree about parenting time or decision-making;
- There is a business, pension, significant retirement savings, or real estate;
- One spouse controls most of the finances;
- There is a history of abuse or safety concerns;
- You have been served with a petition or a motion for temporary relief.
If you would like your situation reviewed by Henry Dog, a Chicago attorney, you can share a brief, general description through our contact form. If it is not a matter the attorney handles, you may be pointed toward other resources. If you are in danger, please contact 911 or the Illinois Domestic Violence Hotline instead of using an online form.
Frequently asked questions
How long do I have to live in Illinois to get divorced here?
At least one spouse must have resided in Illinois for 90 days before filing or before the court makes its findings.
Does Illinois split marital property 50/50?
Not necessarily. Illinois divides marital property equitably, meaning in just proportions based on statutory factors. The result may or may not be an equal split. Non-marital property is generally assigned to the spouse who owns it.
Do I have to prove fault to get a divorce in Illinois?
No. Illinois is a no-fault state. The only ground is irreconcilable differences, and living separate and apart for six months creates an irrebuttable presumption that this requirement is met.
