Knowing the residency requirements, the no-fault system, and how custody and property are handled can help you make informed decisions and protect your future.

Residency Requirement for Divorce in Illinois

To file for divorce in Illinois, at least one spouse must have lived in the state for a minimum of 90 days before filing the petition or before the court enters judgment.

This rule ensures that Illinois courts have jurisdiction to grant the divorce. If the residency requirement is not met, your case could be delayed or dismissed.
Before filing, make sure you or your spouse meet this basic eligibility condition.

Tip from an Illinois divorce lawyer: Confirming residency early can prevent unnecessary complications later in your case.

Illinois Is a No-Fault Divorce State

Illinois follows a no-fault divorce system, meaning you don’t have to prove that your spouse did something wrong—like adultery or cruelty—to obtain a divorce.

The only legal ground required is irreconcilable differences. If both spouses have lived separately for at least six months, the court presumes that irreconcilable differences exist.

This approach simplifies the process. Instead of focusing on assigning blame, couples can concentrate on reaching fair agreements about parenting, financial support, and division of assets.

In short: Divorce in Illinois isn’t about proving fault—it’s about resolving key life issues with clarity and fairness.

Parenting, Custody, and Property Division

When filing for divorce in Illinois, two major components typically come into play: parenting (if there are children) and the division of marital assets and debt.

Parenting and Child Custody

The court must approve or decide arrangements for parental responsibilities, parenting time, and child support.
Illinois courts always prioritize the best interests of the child when making these determinations, aiming for stability and continued involvement of both parents whenever possible.

Property and Debt Division

Illinois applies the “equitable distribution” principle. This means that all marital property—anything acquired during the marriage—is divided fairly, though not always equally.
Non-marital property, such as gifts, inheritances, or assets owned before marriage, remains with the original owner.

Courts consider several factors, such as each spouse’s contributions, economic circumstances, and the length of the marriage, to ensure a just outcome.

Why These Facts Matter

Understanding these key elements gives you a strategic advantage as you begin the process:

• You ensure your case meets all residency and jurisdictional requirements.
• You adopt a realistic mindset—divorce in Illinois is about resolution, not blame.
• You can focus on outcomes that protect your children, finances, and peace of mind.

Being informed also allows you to communicate more effectively with your Illinois family law attorney, helping them build a case strategy that supports your goals.

Why Work with a Trusted Illinois Divorce Lawyer

A divorce affects every aspect of your future—your children, finances, property, and emotional well-being. At Weiss Ortiz, our Illinois family law attorneys have decades of experience helping clients through every stage of the divorce process. We provide clear legal guidance and compassionate support so you can move forward confidently.

We help you:

• Understand your legal options from day one.
• Meet all court requirements, including the 90-day residency rule.
• Develop a personalized strategy—whether through amicable negotiation or courtroom representation.
• Protect what matters most: your family, your assets, and your peace of mind.

Ready to Take the Next Step?

If you’re thinking about divorce in Illinois, don’t navigate it alone.
Contact Weiss Ortiz today to schedule a consultation with an experienced Illinois divorce lawyer and start protecting your future.