Divorce Law

Illinois Divorce Laws: FAQ

In Illinois, when a couple who is married or in a civil union decides to call it quits, they have to get a divorce. The process and guidelines for getting a divorce are the same for all couples who need a divorce. The court system doesn’t make any distinctions between same-sex unions and opposite-sex unions when it comes to divorcing.

What are the Residency Requirements?

Illinois has a residency requirement of only three months. This means that a person who wishes to file for divorce in Illinois only has to live as a resident of the state in the three months prior to filing for divorce. Only party in the divorce has to meet this requirement.

What are the Grounds for Divorce?

A person can file for divorce in Illinois based on a fault claim or a no-fault claim. A fault claim means that a spouse did something that warrants a divorce. A felony conviction, adultery, and impotence are some examples of claims that can be used in a fault divorce. The person filing for the divorce must be able to prove that the other person was guilty of the fault claimed in order for the marriage to proceed. In a fault marriage, one spouse can try to