What are the residency requirements for filing divorce in Illinois?

You or your spouse must have lived in Illinois for at least 90 days before filing.

What grounds are required for divorce in Illinois?

Illinois allows no-fault divorce based on irreconcilable differences.

What are temporary orders?

They address immediate needs like child custody and support while divorce is pending.

What happens during the discovery phase?

Spouses exchange financial documents and disclosures to aid property division and support decisions.

Can divorce terms be changed later?

Yes, parenting plans, child support, and maintenance can be modified if circumstances change.

Stages of Divorce in Illinois

Understanding the Divorce Process from Filing to Final Judgment

Divorce is not just the end of a marriage—it’s the beginning of a legal process that can significantly affect your family, your finances, and your future. In Illinois, the divorce process, legally referred to as the dissolution of marriage, follows a series of defined steps that vary depending on whether the divorce is contested, uncontested, or involves complex issues like custody, spousal maintenance, or property division.

At Chicago Family Attorneys, LLC, we are committed to guiding our clients through each stage of the divorce process with clarity, compassion, and aggressive legal advocacy. Below is a detailed overview of what to expect when pursuing a divorce in Chicago, Cook County, and across Illinois. For more information on divorce in Illinois, book an appointment online by clicking the button below.

Book A Free Consultation

Stage 1: Filing for Divorce in Illinois

The divorce process begins with the filing of a Petition for Dissolution of Marriage, as outlined in 750 ILCS 5/401 of the Illinois Marriage and Dissolution of Marriage Act (IMDMA). Either spouse may file the petition, but at least one party must have resided in Illinois for a minimum of 90 days before filing.

Illinois is a no-fault divorce state, which means that the only legal grounds for divorce are irreconcilable differences that have caused the irretrievable breakdown of the marriage. There is no requirement to prove fault such as adultery or cruelty, although those issues may be relevant in custody or financial matters.

The petition must include:

The names and addresses of both spouses
The date and location of the marriage
A statement alleging irreconcilable differences
Whether there are minor children and requested relief (custody, support, etc.)

If children are involved, the petitioner must also file a proposed Parenting Plan within 120 days of service under 750 ILCS 5/602.10.

Stage 2: Serving the Divorce Petition

After filing, the respondent (the other spouse) must be formally served with the divorce papers in accordance with 735 ILCS 5/2-203. Proper service is required to give the respondent legal notice of the proceedings.

There are several ways to serve the divorce petition:

Personal service by a sheriff or special process server
Service by publication, if the respondent’s location is unknown and with court approval
Waiver of service, if the respondent voluntarily accepts the documents

The respondent then has 30 days from the date of service to file an appearance and response to the petition.

Stage 3: Temporary Orders and Preliminary Relief

While the divorce case is pending, the court has the authority to issue temporary orders to address immediate needs and preserve the status quo. Either party may file a Motion for Temporary Relief pursuant to 750 ILCS 5/501, which allows the judge to enter binding temporary rulings regarding financial support, living arrangements, child custody, and personal safety. These interim measures are critical, especially in contested divorces where tensions are high and clear guidelines are necessary.

Purpose and Importance of Temporary Relief

Temporary relief is designed to stabilize the parties’ situation during the often lengthy litigation process. These orders provide short-term solutions to pressing issues while the court gathers evidence, hears testimony, and ultimately enters a final Judgment of Dissolution of Marriage. They are particularly vital in situations involving children, financial dependence, or domestic abuse, where one party may otherwise be at a serious disadvantage.

Types of Temporary Orders in Illinois Divorce Cases

1. Exclusive Possession of the Marital Residence
Under 750 ILCS 5/501(c-2), the court may grant one spouse exclusive possession of the marital home if it finds that the physical or emotional health and well-being of a spouse or child would be jeopardized by the continued joint occupancy. This is often requested when parties cannot live peacefully under the same roof or when domestic violence has occurred.

2. Temporary Allocation of Parental Responsibilities and Parenting Time
In accordance with 750 ILCS 5/603.5, either party can seek a temporary order allocating parental responsibilities and establishing a parenting time schedule. The court must consider the best interests of the child, applying similar factors as those used in permanent custody determinations. This includes the child’s relationship with each parent, the parents’ willingness to cooperate, and any history of abuse or neglect.

Temporary custody arrangements often become the foundation for final parenting plans, making it essential to address these requests strategically and with strong legal support.

3. Temporary Child Support and Spousal Maintenance
Temporary support orders are governed by 750 ILCS 5/501(a)(1) and are typically based on the parties’ current income and expenses. The court uses the child support guidelines outlined in 750 ILCS 5/505 and maintenance formulas in 750 ILCS 5/504(b-1) to determine appropriate temporary payments.

These financial orders may include:

Direct payments from one spouse to the other
Health insurance coverage for children or dependents
Contributions to mortgage or utility bills
Payment of attorney’s fees in cases of financial disparity

Temporary support helps the financially dependent spouse maintain stability and ensures the children's needs are met while litigation continues.

4. Protective or Restraining Orders

If there are allegations of domestic violence, stalking, harassment, or other forms of abuse, a spouse can request a temporary order of protection. Under 750 ILCS 60/217 (Illinois Domestic Violence Act), the court may prohibit the abusive spouse from contacting or coming near the petitioner or the children, and may include orders removing the abuser from the home and granting exclusive custody.

In urgent cases, emergency orders of protection can be granted the same day they are filed. These are enforceable immediately and can provide life-saving relief.

Enforceability and Strategic Impact

Temporary orders carry the full force of law. Violations can result in contempt of court, fines, arrest, or loss of custody rights. Because these interim rulings often shape the court’s perception of each party—and may evolve into final orders—it’s crucial to approach this phase with careful planning and legal representation.

At Chicago Family Attorneys, LLC, we help clients in Cook County, Will County, and DuPage County file well-drafted motions and compelling affidavits to secure favorable temporary orders. Whether you need immediate protection, housing stability, or financial relief, our team is here to protect your rights and prepare your case for long-term success.

Stage 4: Discovery and Financial Disclosure in Illinois Divorce

After temporary relief orders are entered, your divorce case enters one of the most critical phases: discovery. This is the process where both spouses are legally required to disclose their financial circumstances in full. The accuracy and thoroughness of this information can make or break issues like property division, spousal maintenance, and child support.

Discovery is governed by the Illinois Supreme Court Rules, including Rule 213(f) for interrogatories and Rule 214 for document production, and locally by Cook County Domestic Relations Rule 13.3.1. These rules are designed to ensure both parties provide honest, complete disclosures regarding assets, debts, income, and expenses.

What You Must Disclose In Financial Affidavits

Each party must submit a verified Financial Affidavit, which outlines:

Income from all sources
Bank accounts and retirement assets
Credit card balances, loans, and other liabilities
Real estate ownership
Monthly living expenses
Any ownership in businesses or investments

Supporting documents—such as tax returns, pay stubs, mortgage statements, and financial account records—must also be produced. In many cases, the court will require the exchange of documentation going back three to five years.

Failure to disclose information, or attempts to hide income or assets, can lead to severe consequences under 750 ILCS 5/503(d). The court may impose sanctions, shift attorney’s fees, or even award undisclosed property to the other spouse as a punitive measure.

How Discovery Works

Depending on the complexity of the divorce, attorneys may use several tools to gather and verify financial data:

Interrogatories – Written questions that must be answered under oath
Requests for Production of Documents – Demands for specific documents related to finances, debts, property, or employment
Subpoenas – Issued to banks, employers, or third parties to compel records
Depositions – In-person, sworn testimony used to question a spouse or expert witness
Forensic Accounting – Used in cases involving hidden assets, business valuations, or suspected financial misconduct

These procedures help ensure both parties—and the court—have a full understanding of the marital estate. In high-asset or contested divorces, discovery may also involve expert witnesses such as appraisers, business valuators, or financial analysts.

For a more in-depth look at how discovery works and what to expect, visit our dedicated page on Discovery in Divorce in Illinois.

Why Discovery Matters

Discovery lays the groundwork for fair and informed rulings. Illinois courts divide property under the principle of equitable distribution (750 ILCS 5/503), meaning the division must be fair based on a number of factors—not necessarily 50/50. The court considers:

The length of the marriage
Each spouse’s contribution to marital property
The economic circumstances of each party
Dissipation of assets
Future earning potential

Additionally, accurate financial information is required to calculate:

Child support obligations using the income shares model under 750 ILCS 5/505
Spousal maintenance awards under 750 ILCS 5/504, which take into account income disparity, standard of living, and financial need

At Chicago Family Attorneys, LLC, we ensure that your spouse meets their legal obligation to disclose all relevant financial data. Whether that means compelling responses through court action or protecting you from invasive or abusive discovery tactics, our attorneys provide aggressive yet ethical representation every step of the way. If you suspect hidden assets or undervaluation, we’re ready to act decisively to protect your interests.

Stage 5: Negotiation, Mediation, and Settlement in Illinois Divorce

After financial disclosures have been exchanged during discovery, the next phase of a divorce typically focuses on settlement negotiations. Most divorce cases in Illinois are resolved through mutual agreement rather than trial. The court strongly encourages parties to settle issues related to property division, spousal maintenance, child custody, and child support whenever possible.

At Chicago Family Attorneys, LLC, we help clients pursue favorable settlements that protect their rights, preserve their dignity, and avoid the stress and cost of prolonged litigation. Whether your divorce is amicable or high-conflict, our attorneys are strategic negotiators with a deep understanding of Illinois law and courtroom dynamics.

Methods of Reaching a Divorce Settlement

There are multiple pathways to resolving divorce-related disputes outside of trial:

1. Informal Negotiation
Attorneys for each spouse may negotiate directly to resolve all contested issues. Once an agreement is reached, it is drafted into a Marital Settlement Agreement (MSA) and submitted to the court for approval. Informal negotiation is often the most efficient and cost-effective method, particularly in uncontested or low-conflict cases.

2. Mediation
Mediation is a voluntary (and in some cases court-ordered) process in which a neutral third party—a trained mediator—helps the spouses reach agreement. In Cook County and many other Illinois counties, mediation is mandatory for contested custody and parenting matters under 750 ILCS 5/602.10(c).

Mediators do not make decisions, but they facilitate compromise and help keep the parties focused on solutions. Many parents find that mediation promotes better long-term co-parenting relationships by reducing hostility.

3. Pretrial Conferences

If informal negotiation or mediation fails, the court may schedule a pretrial conference where the judge hears both sides’ arguments and offers a non-binding recommendation on how to resolve the dispute. Judges often indicate how they might rule at trial, which can motivate both parties to settle.

4. Collaborative Divorce
Collaborative divorce is a more holistic process that involves attorneys, financial planners, and sometimes mental health professionals working together to create a mutually agreeable solution. This option is ideal for parties who wish to preserve a cooperative relationship post-divorce.

Common Elements of a Divorce Settlement Agreement

A comprehensive Marital Settlement Agreement may include provisions related to:

Division of marital and non-marital assets (real estate, retirement accounts, personal property)
Allocation of marital debts
Spousal maintenance (amount, duration, and termination conditions)
Parenting time and decision-making (formalized in a Joint Parenting Agreement)
Child support (in accordance with 750 ILCS 5/505)
Healthcare coverage, tax exemptions, and college contribution obligations under 750 ILCS 5/513

Once a settlement is reached and approved by the court, the terms become legally enforceable orders. Violating them can result in serious legal consequences, including wage garnishment, license suspension, or contempt of court proceedings.

Why Settlement Matters

Reaching a settlement gives you far more control over the outcome of your divorce. Instead of placing critical decisions in the hands of a judge, you and your spouse retain the ability to craft terms that reflect your family’s specific needs and goals.

Settlements also:

Reduce legal fees and court costs
Speed up the divorce timeline
Minimize emotional strain for parents and children
Provide predictability and closure

However, not all settlements are created equal. Some agreements may appear fair on the surface but fail to protect your long-term financial security or parental rights. That’s why it’s essential to work with an experienced Illinois divorce attorney who can ensure the agreement is comprehensive, legally sound, and in your best interest.

At Chicago Family Attorneys, LLC, we combine skilled negotiation with a deep understanding of Illinois family law to help our clients secure favorable, enforceable divorce settlements. Whether through direct negotiation, court-facilitated mediation, or collaborative divorce, we are committed to helping you move forward with confidence and peace of mind.

Stage 6: Trial – When Settlement Isn’t Possible

While most divorces in Illinois settle outside of court, some cases involve issues that are too complex or contentious to resolve through negotiation or mediation. When settlement fails, the case proceeds to trial, where a judge makes the final decisions regarding contested matters.

At Chicago Family Attorneys, LLC, we approach trial preparation with strategic precision. We prepare every case as if it will go to trial, even if our goal is to settle. This proactive approach ensures our clients are positioned for the strongest possible outcome, whether inside or outside the courtroom.

What Happens at a Divorce Trial?

A divorce trial is a formal court proceeding where each party presents evidence, calls witnesses, and makes legal arguments. The judge acts as the fact-finder and decision-maker. There is no jury in Illinois divorce trials.

Key contested issues commonly litigated at trial include:

Division of marital property and debts under 750 ILCS 5/503
Spousal maintenance (amount and duration) under 750 ILCS 5/504
Allocation of parental responsibilities and parenting time under 750 ILCS 5/602.5 and 602.7
Child support under 750 ILCS 5/505
Relocation of a parent with the child under 750 ILCS 5/609.2
College expenses for children under 750 ILCS 5/513
Dissipation of marital assets, where one spouse improperly used marital funds

Each party, through their attorney, will submit pretrial memoranda and proposed findings of fact. At trial, the judge hears:

Testimony from both spouses
Expert opinions, such as child custody evaluators or financial professionals
Documentary evidence, such as financial records, text messages, photographs, or emails
Witness testimony, including family members, teachers, business partners, or forensic accountants

After evaluating the credibility of witnesses and the weight of the evidence, the judge makes rulings on each contested issue. The judge’s decisions are later incorporated into the final Judgment of Dissolution of Marriage.

Trial Length and Timing

The duration of a divorce trial depends on the number of contested issues and the court’s schedule. Some trials conclude in one day; others may span several days or weeks, especially in cases involving complex assets or custody disputes.

In Cook County and other high-volume court systems, it’s not uncommon for trials to be split over multiple court dates. This means trial preparation, attendance, and follow-up can require extensive time, legal strategy, and emotional resilience.

Risks and Realities of Going to Trial

Going to trial may be necessary to protect your interests—especially if the other party is unreasonable, abusive, or hiding assets. However, trial is inherently risky. Judges have broad discretion in family law matters, and outcomes are not always predictable.

Potential risks include:

Higher legal costs due to preparation, expert witnesses, and multiple court dates
Lengthy delays, as courts must accommodate trial schedules
Loss of control, as the judge—not you—decides your family’s future
Emotional strain, especially in cases involving child testimony or abuse allegations

Because of these risks, trial should be seen as a last resort—but when it is necessary, it must be approached with experience, preparation, and aggressive advocacy.

Why Trial-Ready Representation Matters

At Chicago Family Attorneys, LLC, we are trial attorneys as much as we are negotiators. We prepare comprehensive legal arguments, develop compelling narratives, and present persuasive evidence to achieve the best possible results in court. Whether your case involves contested parenting issues, business valuations, hidden income, or relocation disputes, we know how to build a strong record that withstands judicial scrutiny.

If you're facing the possibility of trial, having a skilled litigation team can mean the difference between a fair outcome and one that affects your life for years to come.

Stage 7: Entry of Judgment of Dissolution of Marriage

After months—sometimes years—of preparation, negotiation, and litigation, the divorce process concludes with the entry of the final judgment. In Illinois, this official court order is called the Judgment of Dissolution of Marriage. It is the legal document that dissolves the marriage and finalizes all agreements and court decisions regarding property, finances, and children.

Whether your divorce was resolved by settlement or trial, this judgment is the legal cornerstone of your post-divorce life.

What’s Included in the Final Judgment?

The Judgment of Dissolution incorporates all previously negotiated or litigated terms, including:

Division of marital and non-marital property under 750 ILCS 5/503
Spousal maintenance (amount, duration, and termination triggers) under 750 ILCS 5/504
Child support obligations, including health care and extracurricular expenses under 750 ILCS 5/505
Parental responsibilities and parenting time pursuant to 750 ILCS 5/602.5 and 5/602.7
Tax allocation (dependency exemptions, filing status)
Contribution to future expenses such as college costs under 750 ILCS 5/513
Debt distribution, including mortgages, credit cards, and personal loans
Enforcement mechanisms, including wage withholding or agreed-upon penalties for non-compliance

If you reached a full agreement, the terms will be laid out in a Marital Settlement Agreement (MSA) and, if you have children, a Joint Parenting Agreement (JPA). Both are incorporated into the final judgment and carry the same weight as any other court order.

If your case went to trial, the judge’s rulings on each contested issue will be written into the judgment by your attorney, reviewed by opposing counsel, and approved by the court.

Why the Judgment Matters

This isn’t just a formality—your Judgment of Dissolution is your legal foundation moving forward. It dictates your rights and obligations going forward: who gets what, who pays what, when and how often the children will be with each parent, and what happens if someone doesn’t follow the rules.

Once entered, the judgment is legally binding and enforceable. Violating its terms—whether failing to pay support, withholding parenting time, or refusing to divide assets—can lead to court enforcement actions, including contempt proceedings, wage garnishment, and attorney’s fees.

This is also the document that restores your legal single status, enabling you to remarry if you choose, update your legal documents, divide retirement accounts through a Qualified Domestic Relations Order (QDRO), and begin building your life on new terms.

Making Sure It’s Done Right

Because the final judgment will govern your life long after the court date is over, it must be drafted and reviewed carefully. Errors, vague language, or missing provisions can lead to costly disputes down the road. Ambiguity around parenting time, maintenance duration, or who pays for college can create conflict where there should be closure.

At Chicago Family Attorneys, LLC, we take this final step seriously. We ensure every clause, every obligation, and every right is clearly defined and enforceable. Whether we’re finalizing an uncontested judgment or wrapping up a high-stakes trial, we work to protect your long-term interests and peace of mind.

You’ve come a long way. Now, we help you cross the finish line with dignity and confidence. Call Chicago Family Attorneys, LLC at (312) 971-2581 or book a free consultation online.

Stage 8: Post-Divorce Modifications and Enforcement in Illinois

Divorce may end a marriage, but it doesn’t always mean the end of court involvement. Life changes—and when it does, the original terms of your divorce may no longer reflect your reality. Whether you’ve lost a job, remarried, relocated, or your child’s needs have changed, Illinois law allows for modifications to certain divorce orders when there's a substantial change in circumstances.

At Chicago Family Attorneys, LLC, we help clients navigate these post-divorce challenges with the same level of strategy and care that we bring to the divorce itself.

Modifying Divorce Orders in Illinois

Under 750 ILCS 5/510, a party may file a motion to modify certain parts of the divorce judgment, including:

Child support
Spousal maintenance
Parenting time and parental responsibilities
College contribution or other child-related financial obligations

A modification requires showing a material change in circumstances. This might include:

A significant change in income (e.g., job loss, promotion, retirement)
A parent relocating for employment or family reasons
A change in the child’s health, school, or emotional needs
The remarriage or cohabitation of a former spouse receiving maintenance

For child support and maintenance, the court will review the current financial positions of both parties and assess whether a new order is appropriate. For parenting time or decision-making, the court must always consider the best interests of the child under 750 ILCS 5/602.7.

Some modifications may be agreed upon by both parties and submitted jointly. Others require contested hearings and evidence, especially if one party resists the change.

Enforcement of Divorce Judgments

Unfortunately, not every party complies with the terms of a divorce decree. If your former spouse is violating a court order, such as failing to pay child support, withholding parenting time, or refusing to divide property—you have legal options to enforce the judgment.

Common enforcement remedies include:

Petitions for Rule to Show Cause (Contempt of Court)
Wage garnishment or direct payroll deductions
Seizure of tax refunds or bank account funds
Suspension of driver’s licenses or professional licenses
Civil penalties and reimbursement of attorney’s fees

Under 750 ILCS 5/508(b), a party found to have willfully refused to comply with court orders may be required to pay the other party’s legal fees incurred in enforcement.

We understand how frustrating it is to follow the law while the other side ignores it. That’s why our attorneys act quickly and decisively to enforce your rights and restore compliance.

Ongoing Legal Support After Divorce

Life after divorce is full of transitions—some planned, others unexpected. That’s why our representation doesn’t stop the day the final judgment is entered. We continue to support clients with:

Modifications to parenting agreements as children grow older
Adjustments to support obligations as incomes shift
Enforcement actions to ensure compliance
Court approval for relocation or travel with children
Termination of maintenance due to remarriage or cohabitation

Whether you're looking to update your judgment or hold an ex-spouse accountable, Chicago Family Attorneys, LLC is here to advocate for you every step of the way.

Ready to Move Forward? Let Us Help You Navigate What Comes Next

Just because the divorce is over doesn't mean you're on your own. Post-decree issues require the same careful legal analysis, documentation, and courtroom experience as any other family law matter.

If you're facing a post-divorce challenge in Cook County, Will County, DuPage County, or the surrounding areas, don’t wait to get legal help. Contact Chicago Family Attorneys, LLC for a free consultation and get the clarity and protection you deserve.

Call (312) 971-2581 or book a free consultation online today to discuss your situation with an experienced Illinois divorce attorney.

Frequently Asked Questions About Divorce in Illinois

How long does it take to get a divorce in Illinois?

The timeline for an Illinois divorce varies widely depending on whether the divorce is contested or uncontested. An uncontested divorce—where both parties agree on all major issues—can be finalized in as little as two to four months. However, a contested divorce involving disputes over child custody, spousal support, or property division can take six months to over a year, depending on the complexity of the case and the court’s calendar.

What is required to file for divorce in Illinois?

To file for divorce in Illinois, at least one spouse must have lived in the state for 90 days prior to filing. The divorce is initiated by filing a Petition for Dissolution of Marriage in the circuit court, usually in the county where either spouse resides. Illinois is a no-fault divorce state, meaning you only need to cite irreconcilable differences as the grounds for divorce—no proof of wrongdoing is required.

Do both spouses have to agree to get divorced?

No. In Illinois, only one spouse needs to file for divorce and allege that irreconcilable differences have caused an irretrievable breakdown of the marriage. Even if the other spouse doesn’t agree, the court can still grant the divorce. However, if there are disagreements over child custody, property, or finances, the case may go to trial.

What happens if my spouse doesn’t respond to the divorce petition?

If your spouse is properly served with the divorce papers and fails to respond within 30 days, you can ask the court for a default judgment. This means the court may grant you the divorce and approve your proposed terms, such as custody, support, or property division, without the other party’s participation. It’s important to follow proper service procedures under 735 ILCS 5/2-203 to avoid delays.

What is a temporary order in an Illinois divorce?

Temporary orders are court rulings issued while the divorce case is still pending. They can address immediate issues such as who stays in the home, parenting time, child support, and spousal maintenance. These orders are made under 750 ILCS 5/501 and can significantly impact the final outcome, especially in contested cases.

How is property divided in an Illinois divorce?

Illinois uses an equitable distribution model under 750 ILCS 5/503, meaning marital property is divided fairly—but not necessarily equally. The court considers factors such as each spouse’s contributions, the length of the marriage, earning capacity, and financial needs. Non-marital property (e.g., assets owned before marriage or inherited) generally remains with the original owner.

How is parenting time determined?

Parenting time and parental responsibilities are allocated based on the best interests of the child, as outlined in 750 ILCS 5/602.7. Courts look at a variety of factors, including the child’s needs, the parents’ ability to cooperate, past caregiving roles, and any history of abuse or neglect. Parents are encouraged to submit a Parenting Plan, and if they can’t agree, the court will decide for them.

Can child support or maintenance be modified after divorce?

Yes. Under 750 ILCS 5/510, either party can file a motion to modify child support or spousal maintenance if there is a substantial change in circumstances. Common examples include job loss, increased income, disability, or a change in parenting time. Modifications must be approved by the court to be enforceable.

What if my ex isn’t following the divorce judgment?

If your former spouse is violating a court order, such as failing to pay child support, refusing to share parenting time, or not dividing property, you can file a Petition for Rule to Show Cause to enforce the judgment. The court may impose penalties, including contempt charges, wage garnishment, and attorney’s fees under 750 ILCS 5/508(b).

Do I need a lawyer for an Illinois divorce?

While you are not legally required to hire an attorney, navigating a divorce, especially one involving children, high-value assets, or spousal support, can be extremely complex. An experienced Illinois divorce lawyer ensures that your rights are protected, deadlines are met, and your case is presented effectively, whether you’re settling or going to trial.