Grounds for Divorce in Illinois

In Illinois, a spouse can petition for divorce for a variety of reasons. These include:

• Adultery by a spouse
• Entering into a marriage while still legally married to someone else (Bigamy)
• Impotence
• Desertion by a spouse for at least one year
• Attempted harm or threats to a spouse’s life
• Alcohol or drug addiction
• Felony conviction
• Transmitting a sexually transmitted disease to a spouse
• Living apart for six months
• Irreconcilable differences are causing the marriage to break down beyond repair

When citing separation and irreconcilable differences, the court expects evidence that both parties attempted to preserve the marriage. Judges review efforts made to reconcile before determining if divorce is appropriate.

Residency Requirements for Divorce in Chicago

To file for divorce in Illinois, at least one spouse must have lived in the state for a minimum of 90 days immediately prior to filing. Divorce petitions can be filed in the county where either spouse resides.

Court Process and Parties

Divorce cases in Chicago are filed in the Circuit Court. The case begins with a Petition for Dissolution of Marriage, and the spouse filing the petition is called the Petitioner. The other spouse is the Respondent.

The divorce is finalized through a Judgment for Dissolution of Marriage, which legally ends the marriage and establishes terms for property division, child custody, support, and spousal maintenance.

Legal Separation in Illinois

Illinois allows couples to seek a judgment of legal separation if they live apart but do not want to finalize a divorce. While legally married, spouses can arrange financial and parenting responsibilities through temporary or permanent agreements.

Simplified Divorce in Chicago

Couples who meet certain conditions may qualify for a simplified or joint divorce:

• Neither spouse is dependent on the other for support, or both waive the right to support
• Residency requirements are met
• Irreconcilable differences have caused the marriage to break down, or the parties have been separated for at least six months
• No children from the marriage, and the wife is not pregnant
• The marriage is under eight years in duration
• Both spouses waive rights to spousal maintenance
• Combined assets and debts meet specified limits
• Full disclosure of all financial information has been provided
• Written agreements divide all property over $100 in value and assign debt responsibility

Spousal Maintenance in Chicago

In Illinois, spousal support (maintenance) is calculated based on the length of the marriage and each spouse’s income. Guidelines help estimate both the amount and duration of support, creating consistency across cases.

Typical maintenance duration by marriage length:

• 0–5 years: 20% of payer’s income
• 5–10 years: 24–40%
• 10–15 years: 44–60%
• 15–20 years: 64–80%
• 20+ years: permanent maintenance or duration tied to the marriage

The payment amount is generally calculated as 30% of the payer’s income minus 20% of the recipient’s income, ensuring the recipient’s income does not exceed 40% of the combined total. These guidelines provide a fair starting point while accounting for the financial needs of both parties.

Chicago, Illinois Property and Debt Division

Illinois divides marital property equitably, giving each spouse ownership of their personal items while fairly distributing shared assets. Factors the court considers include:

• Each spouse’s contributions to acquiring and preserving property
• Misuse or dissipation of marital assets
• Value of property allocated to each party
• Length of the marriage
• Financial circumstances at the time of division
• Pre-existing obligations from prior marriages
• Prenuptial or postnuptial agreements
• Age, health, employment, income, and future earning potential of each spouse
• Custody arrangements for children
• Tax implications
• Consideration of spousal maintenance

Child Custody (Parenting Responsibilities)

When parents cannot agree, the court bases custody decisions on the child’s best interests, including:

• Parents’ wishes
• Child’s preferences
• Caretaking history over the previous 24 months
• Prior agreements or conduct between the parents
• Child’s adjustment to home, school, and community
• Mental and physical health of all involved
• Distance between parental residences
• Safety concerns, including domestic violence or sex offender status
• Willingness of each parent to support the child’s relationship with the other parent

Illinois law allows judges to speak with children in chambers to better understand their preferences regarding custody and visitation.

Child Support in Chicago

Both parents are financially responsible for supporting their child. Illinois guidelines set a presumptive support amount, which may be adjusted based on:

• Financial needs and resources of the child
• Parents’ financial circumstances
• The standard of living the child would have enjoyed if the marriage had remained intact
• Child’s educational and medical needs

Child support can cover health insurance and typically continues until the child turns 18, finishes high school, becomes legally independent, or needs ongoing support due to a disability.

Name Changes in Cook County

A spouse may request to revert to a former or maiden name as part of the divorce. Requests to adopt a different name or to change a child’s name require a separate petition and valid justification.