Stages of Divorce in Illinois

The stages below are a way to organize the divorce process in Illinois. They are not a promise that every case follows the same sequence. Financial disclosure, temporary requests and settlement discussions may overlap. An agreement on some issues does not mean every remaining question is ready for judgment.

The six-month separation provision is a rule about proving irreconcilable differences, not a fixed waiting period for every divorce.

Identify concerns and gather documents

Preparing for a consultation can include listing immediate concerns, financial questions and parenting decisions. Useful records include available income records, bank statements, tax returns, debt information and existing court orders. A list of what is known and what still needs confirmation gives a lawyer a clearer starting point without requiring anyone to resolve the whole case before a consultation.

Check residency and county venue

Under 750 ILCS 5/401(a), one spouse must be an Illinois resident, or stationed here in the armed services, when the case begins. That residence or presence must have lasted 90 days before commencement or the court's required finding. It is not accurate to describe this only as a requirement to wait 90 days before filing.

Before you file, review common mistakes in an Illinois divorce.

Under 750 ILCS 5/104, proceedings take place in the county where either spouse resides. Addresses and residency dates help frame a discussion about filing location. Our Cook County divorce lawyers page explains representation for cases in that county.

Prepare the petition and begin the case

The verified petition identifies the marriage, the family and the relief requested. Under 750 ILCS 5/403(a), it includes information such as each spouse's age, occupation and residence, the marriage date and place, children's names, ages and addresses, and arrangements concerning support and parental responsibilities.

750 ILCS 5/411 also permits commencement by filing a praecipe for summons and paying filing fees, followed by a petition within six months unless extended for good cause. Cook County requires electronic filing, with listed exemptions. Checking personal details and identifying missing information are part of preparing documents for submission.

Address service and the response

Service gives the other spouse formal notice. Papers received, the service date and upcoming court information are useful for a lawyer's review. Settlement discussions do not replace attention to court documents and applicable deadlines.

The specific response clock in 750 ILCS 5/411(b) applies when a praecipe is filed: the summons requires appearance within 30 days of service and pleading within 30 days after the petition is filed. A lawyer can review the documents and deadlines that apply to the case. Our Illinois divorce filing guide provides a broader overview.

Some questions need attention before final judgment. Under 750 ILCS 5/501(a), either spouse may request temporary maintenance or child support. The request uses a financial affidavit supported by documents such as tax returns, pay stubs and bank statements.

That statute also permits requests for temporary restraining orders, including restraints on transferring or concealing property or removing a child from the court's jurisdiction for more than 14 days. Under 750 ILCS 5/603.5, temporary allocation orders may be entered before final judgment.

A temporary request is not the final resolution of the divorce. The court's decision depends on the facts presented. Temporary needs and proposed final agreement terms are separate matters to discuss.

Financial disclosure gives both sides information about income, expenses, assets and debts. In Cook County, Local Court Rules 13.3.1 (Mandatory Disclosure) and 13.3.2 (Proof of Income) govern financial disclosure in Domestic Relations cases. The court's rules control the exchange of financial information.

Under 750 ILCS 5/503(a), marital property generally means property acquired after marriage, subject to listed non-marital exceptions. Under 750 ILCS 5/503(b)(1), property acquired after marriage and before judgment is presumed marital, with clear and convincing evidence needed to overcome that presumption. Records about acquisition dates, gifts, inheritances and agreements can matter.

Organizing records by account and date, listing missing statements and noting unclear information can help prepare for a discussion. Under 750 ILCS 5/503, classification turns on when and how property was acquired, and the court makes specific findings classifying assets. Our guide to discovery in divorce explains the information-gathering stage in more detail.

Under 750 ILCS 5/602.10(a), all parents must file a proposed parenting plan within 120 days after service or filing of a petition for allocation of parental responsibilities. The court may extend that period for good cause. This deadline does not establish when the entire divorce must end.

Decision-making and parenting time are separate questions. Under 750 ILCS 5/602.5, significant decision-making includes education, health, religion and extracurricular activities. Under 750 ILCS 5/602.7, parenting time is allocated according to the child's best interests.

750 ILCS 5/602.10(c) requires court-ordered mediation to help parents formulate, modify or implement a plan unless impediments exist. Cook County requires mediation for initial allocation, modification of allocation, relocation and non-parent visitation.

For other issues, including financial and discovery disputes, mediation is discretionary, and the court may order it even if a party objects. Child-related mediation is conducted by Family Court Services if the parties cannot agree on a mediator.

School schedules, caretaking information and proposed exchanges can help frame parenting discussions. Disagreements about decisions are separate from disagreements about time. Concerns about impediments to mediation should be reviewed with a lawyer rather than assuming mediation applies in the same way to every family.

Under 750 ILCS 5/502(a), spouses may make written agreements concerning property, maintenance, support and parental responsibilities. Under 750 ILCS 5/502(b), terms other than children's support and parental responsibilities bind the court unless it finds the agreement unconscionable.

Terms on child support and parental responsibilities are not covered by the unconscionability rule. An agreed parenting plan binds the court unless the court finds it is not in the child's best interests (750 ILCS 5/602.10(d)). Under 750 ILCS 5/602.5 and 750 ILCS 5/602.7, the court decides decision-making and parenting time according to the child's best interests. The factors under 750 ILCS 5/602.7(b) include any prior agreement or course of conduct between the parents on caretaking.

A written list of agreed terms, unresolved terms and missing information can clarify the discussion. Our guide to how to get an uncontested divorce in Illinois and our uncontested divorce services page explain why agreement on ending the marriage does not mean agreement on everything.

Trial on disputed issues

If unresolved issues proceed to trial, the court considers evidence and testimony before deciding them. Agreed issues and disputed issues may be handled differently depending on the case and the terms of any written agreement; a lawyer can review how they interact.

Under 750 ILCS 5/403(e), contested trials are bifurcated: the issue of irretrievable breakdown is tried first. The court may allow additional time to settle remaining issues or proceed to trial. The dissolution judgment is entered at the conclusion of the case.

Trial preparation may involve reviewing remaining issues, financial records, proposed parenting arrangements and witnesses connected to the disputed questions. Trial scheduling depends on the issues and court arrangements. The Illinois family law case process guide provides context for hearings and case preparation.

Under 750 ILCS 5/401(b), judgment is not entered unless the court has considered, approved, reserved or made provision for parental responsibilities, child support, maintenance and property. Certain issues may be reserved by agreement or on motion with the required court finding.

750 ILCS 5/413(a) requires judgment within 60 days after closing proofs, or 90 days if the court enters an order specifying good cause. That clock starts at closing proofs, not filing. Judgment is final when entered, subject to appeal. Maintenance and child support orders are not stayed by post-judgment motions or appeal.

Under 750 ILCS 5/413(c), the judgment authorizes resuming a former or maiden name unless the person asks otherwise. Reviewing the entered judgment helps identify the actions its terms require.

Later changes depend on the issue. Under 750 ILCS 5/502(f), property provisions of a settlement agreement are never modifiable. Spouses may agree that maintenance is non-modifiable; if they do not, maintenance is modifiable on a substantial change of circumstances.

Under 750 ILCS 5/610.5(a), parenting time may be modified at any time, without a showing of serious endangerment, upon changed circumstances that necessitate modification to serve the child's best interests.

Under 750 ILCS 5/610.5(a), a motion to modify decision-making generally cannot be made earlier than 2 years after the order unless the court permits it on affidavits showing reason to believe the child's present environment may seriously endanger the child's mental, moral or physical health or significantly impair the child's emotional development, or the parties stipulate.

Chicago Family Attorneys LLC serves Cook, DuPage, Lake and Will counties. We focus only on family law. Managing attorney Aaron Korson has been licensed in Illinois since 2019. A discussion with a Chicago divorce lawyer can start with your current stage, upcoming event and unresolved questions.

Limited-scope representation is a flat fee for a defined task, quoted after a consultation and usually paid up front, though in some cases in two installments.

Full representation starts with an initial payment of $1,500 to $2,500, followed by $500 to $650 per month beginning 30 days after the initial payment while representation remains active. It covers drafting, hearings, motions and phone calls within the agreed scope.

An attorney-handled uncontested divorce is a $1,500 flat fee (court filing fees not included).

Court filing costs, expert fees, service costs and evaluation costs are separate. The client pays them and the firm does not advance them. The written agreement confirms the fee, covered work and expenses before engagement. Fee ranges shown are not a quote for your matter. Call 312-965-5618 for a quote.

Review divorce cost considerations, family law pricing, limited-scope fees, contested divorce fees and uncontested divorce fees.

This guide provides general information, not personal legal advice. Outcomes depend on the facts.

Initial consultations are free for people seeking to hire an attorney. Court papers, upcoming dates and main questions provide a starting point for the discussion. Book a free consultation. Call 312-965-5618.

• Official source: 750 ILCS 5/104, venue
• Official source: 750 ILCS 5/401, dissolution requirements
• Official source: 750 ILCS 5/403, petition and trial provisions
• Official source: 750 ILCS 5/411, commencement
• Official source: 750 ILCS 5/501, temporary relief
• Official source: 750 ILCS 5/503, property classification
• Official source: 750 ILCS 5/602.5, significant decision-making
• Official source: 750 ILCS 5/602.7, parenting time
• Official source: 750 ILCS 5/602.10, parenting plans and mediation
• Official source: 750 ILCS 5/502, agreements
• Official source: 750 ILCS 5/413, judgment
• Official source: 750 ILCS 5/610.5, modification
• Official source: Cook County Domestic Relations Division
• Official source: Cook County mediation program
• 750 ILCS 5/603.5

Bring your questions and the documents you have. The initial consultation is free for people seeking to hire an attorney, and the firm confirms its fee and the covered work in writing before you engage it. Call 312-965-5618 or book online.