Reviewed by Joshua P. Haid, Managing Partner
Illinois Divorce Laws Explained
If you are facing divorce, understanding the law that governs it is one of the most steadying things you can do. Illinois divorce law is set out in the Illinois Marriage and Dissolution of Marriage Act (750 ILCS 5), and it decides the questions that matter most to your future: how your marriage ends, how your property is divided, what support looks like, and how your children are cared for. This guide walks through each of those areas in plain language, so you know where you stand before you make any decisions.
We wrote it with women in mind, because the same law can land very differently depending on your side of it — whether you earned less, stepped back from a career, or have been the parent handling the day-to-day. The Women’s Divorce & Family Law Group by Haid and Teich LLP was the first firm in the Chicagoland area built around women’s and mothers’ rights, and understanding how Illinois law protects women is the foundation of everything we do.
Have a question about how the law applies to your situation? Talk with a Chicago divorce lawyer who represents women — free, confidential consultation, call 312-445-8830.
Grounds for divorce: Illinois is a no-fault state
Since 2016, Illinois has been a pure no-fault state. The only ground for divorce is irreconcilable differences — that the marriage has broken down and cannot be repaired (750 ILCS 5/401). You do not have to prove your spouse did anything wrong, and your spouse cannot stop the divorce by refusing to agree. There is no waiting period simply to file; a six-month period of living separately matters only if a divorce is contested, where it creates an irrebuttable presumption that the marriage is irretrievably broken. (Learn more about no-fault divorce.)
Residency and where you file
To divorce in Illinois, at least one spouse must have lived in the state for 90 days (750 ILCS 5/401). The case is filed in the circuit court of the county where either spouse resides. One spouse begins the process by filing a Petition for Dissolution of Marriage; the other is formally served and has the chance to respond. From there, both spouses exchange complete financial disclosure, which the court relies on to make fair decisions.
How property is divided
Illinois divides property by equitable distribution under 750 ILCS 5/503 — fairly, which is not the same as equally, and not the 50/50 split many people assume. Illinois is not a community property state. The court divides only marital property, generally what was acquired during the marriage regardless of whose name is on it, while non-marital property — what you brought in, inherited, or received as a gift — remains yours. Where a spouse wasted marital money as the marriage broke down, that can be charged back as dissipation. (Learn more about property division.)
Spousal maintenance (alimony)
Illinois calls alimony maintenance (750 ILCS 5/504). A court first decides whether maintenance is appropriate, then, for couples with combined gross income under $500,000, applies a guideline formula: 33⅓% of the payor’s net income minus 25% of the recipient’s net income, capped so the recipient’s total does not exceed 40% of the couple’s combined net income. How long it lasts depends on the length of the marriage, and for marriages of 20 years or more, a court can order it for the length of the marriage or indefinitely. Since 2019, maintenance is calculated on net income and is not taxable to the recipient. (Learn more about spousal support.)
Child support
Illinois uses the income shares model (750 ILCS 5/505), which bases support on both parents’ combined net income and the number of children — the goal being that children receive the same share of their parents’ income they would have in one household. Each parent contributes in proportion to their income, and the parent with less parenting time generally pays support to the other. Add-on costs like health insurance and childcare are shared proportionally. (Learn more about child support.)
Child custody and parenting
Illinois replaced the word “custody” in 2016 with the allocation of parental responsibilities (750 ILCS 5/602.5 and 602.7). It has two parts: parenting time (the schedule of when children are with each parent) and significant decision-making (authority over education, health, religion, and activities). Courts decide both by the best interests of the child, applied without any preference for mothers or fathers — which is exactly why how a mother’s role is presented matters so much. (Learn more about custody and mothers’ rights.)
What Illinois divorce law means for women
Illinois divorce law is written in gender-neutral terms, but its effect on a woman’s life is anything but neutral. The value of your non-financial contributions, your right to a fair share of what the marriage built, your ability to secure support after a career sacrifice, and your role in your children’s lives are all protected by this law — but protected in practice only when they are understood, asserted, and presented well. That is the difference the right firm makes: not changing the law, but making sure it works the way it is meant to for you.
Related: Chicago Divorce · No-Fault Divorce · Property Division · Spousal Support · Child Support · Child Custody
Understanding the law is the first step; protecting your future is the next. Reach out for a free, confidential consultation.
