All family & children situations · All Illinois topics
Illinois · Family & children
I am considering divorce
Source-checked October 15, 2026. The detailed divorce-law research below retains its October 10 date. Local filing and individual eligibility still need review.
What to do first
List the decisions that cannot wait: safety, care of children, housing, bills, and access to money. Gather existing orders and court papers before a plan consultation. Tell the lawyer about any hearing or response date.
Deadlines and urgent risks
Do not confuse a minimum waiting period with a completion date. Filing, service, responses, and temporary orders have separate requirements.
Steps to take
Choose the right starting documents, not just the shortest packet. Illinois Courts provides separate divorce forms with and without children, parenting plans, and support forms. Check the instructions and local filing process. An agreed divorce is not automatically a joint simplified divorce.
Write down the agreed and disputed issues. Ask a lawyer to review financial disclosure, proposed property and debt terms, and parenting needs before signing. Compare the four divorce paths; mediation is not a good default if you feel intimidated, controlled, or unsafe.
Divorce & safety resources
Divorce information in Illinois
Understand the local process
Illinois Courts: divorce, support, and maintenance forms. Statewide forms include instructions; local filing procedures still matter.
Check the local court's forms, filing and service requirements, response deadlines, and fee-waiver instructions. A form packet is not individualized legal advice.
Compare divorce paths and service benefits · Find local legal aid
Divorce resource reviewed October 10, 2026. Existing legal-help research dates above are unchanged.
Safety and law enforcement are separate routes
Immediate danger: call 911. 911 information is not an online emergency-response service.
For domestic-violence support: National Domestic Violence Hotline, 800-799-7233, or text START to 88788. Safety-first divorce guidance. Use a safer device if monitoring is a concern.
For a non-emergency law-enforcement contact, WomensLaw's sheriff-department directory lets you choose Illinois. Confirm jurisdiction and the current local number; not every matter belongs to a sheriff. This is a directory, not emergency dispatch or confidential advocacy.
Divorce law details and state comparison
Divorce law details
Illinois: the important distinctions
Reviewed October 10, 2026. General information; exceptions and jurisdiction questions require individual review.
Where you can file
A 90-day residence condition must be met before the divorce can be granted.The statutory period can precede filing or the court's finding. Filing before 90 days can be possible; military presence is another statutory route. Check venue and other jurisdiction issues separately.
Illinois Legal Aid Online: residency FAQGrounds & separation
Irreconcilable differences are the ground; 6 months apart establishes a presumption.Six continuous months apart before judgment creates an irrebuttable presumption of the ground. It is not a universal prerequisite when the ground can otherwise be established.
750 ILCS 5/401Timing: what starts the clock
Do not read the 6-month separation presumption as a post-filing wait.The 90-day residence condition, establishing the ground, resolving issues, notice, and the court's process all matter. An agreed case still needs a judge's approval; there is no promised completion date here.
Illinois Legal Aid Online: divorce FAQProperty & debts
Marital property and debts are divided equitably, not automatically 50/50.Relevant factors include contributions, economic circumstances, duration, needs, and agreements. Identify marital versus nonmarital property and potential reimbursement questions before settling.
Illinois Legal Aid Online: property and debtSpousal support
A judge first considers whether maintenance is appropriate.Guidelines apply to qualifying circumstances; other cases use statutory factors. Income, earning capacity, marriage duration, and needs matter. A guideline calculation is not automatic eligibility.
Illinois Legal Aid Online: maintenanceParenting & child support
Parental responsibilities and parenting time need a child-focused plan.Decision-making, time with each parent, and child support are separate questions to resolve. Use the correct court resources and address safety or existing orders before negotiating a plan.
Illinois Legal Aid Online: parental responsibilitiesAgreed & simpler processes
Agreed divorce and joint simplified divorce are different processes.Joint simplified divorce has strict eligibility, including no children, financial limits, and other conditions. The linked form tool is for Cook County only; confirm your own county's forms and procedures.
Illinois Legal Aid Online: Cook County simplified formsHelp while a case is pending
Standing orders, temporary orders, and financial disclosure deserve an early check.Ask about immediate parenting or household-payment needs, local standing orders, and the correct protective-order route if needed. Do not assume an informal agreement replaces a court order.
Illinois Legal Aid Online: during a divorceMinimum legal periods are not completion estimates. See the timing explanation above before planning around a date.
Compare Illinois with another researched state · Local divorce and safety resources
What may happen next
Temporary parenting or household-payment arrangements may need attention before a final judgment. For example, agreeing who stays in the home does not itself settle ownership, mortgage responsibility, or the children's schedule. Ask what needs a court order and who will prepare it.
Documents to gather
Existing orders, marriage records, financial statements, debts, housing costs, and parenting arrangements.
Do not enter documents or private case details into this site's search.
Which rules apply?
Statewide forms do not supply every local step. Confirm the circuit court and county, e-filing or any exemption, service, financial disclosure, required appearances, and fee-waiver process. A lawyer's review is not a filed case.
Where prepaid help may fit
An eligible consultation may help you sort urgent questions, understand a draft, and identify work beyond a standard packet. Ask whether your product includes an uncontested divorce and whether that means advice, drafting, filing, or an appearance.
What it may not cover
Negotiation, contested hearings, appraisals, retirement-order work, and appeals may be excluded or separately billed. Check effective dates and waiting periods. If both spouses are members, ask about conflicts; do not assume one lawyer can advise both sides.
Ask for the written coverage terms · Compare the actual extra costs
Common questions
Does an agreed divorce mean everything is included?
No. An uncontested benefit may have eligibility limits and exclude filing fees or extra documents. Ask what happens if one issue becomes disputed, and get the added-work quote before assuming the subscription pays for the case.
What should I get from the first plan consultation?
Aim for a clear task list: which issues need immediate action, which documents need review, what the lawyer will do, and what you must do yourself. Confirm responsibility for deadlines and any separate engagement or fees.