Am I Eligible to Get Divorce?
By: M. Scott Gordon
If you are having problems in your marriage and have been considering divorce in Chicago, it is important to learn more about whether you are eligible to get divorced. Under the Illinois Marriage and Dissolution of Marriage Act (750 ILCS 5/), there are requirements you must meet in order to get divorced. Once you have determined you are eligible for a divorce in Illinois, you will need to determine whether you are eligible for an uncontested divorce or a joint simplified divorce, or whether you will need to go through the longer process of a contested divorce.
Divorce laws vary widely among states, and Illinois has established specific requirements concerning eligibility and timing for filing a divorce. Understanding these legal parameters is crucial, whether you are contemplating divorce or simply seeking to inform yourself about the legal landscape. This comprehensive guide outlines the eligibility criteria, timing considerations, and key steps involved in divorce under Illinois law.
Before initiating a divorce in Illinois, certain legal criteria must be satisfied. These requirements ensure that the state has jurisdiction over your case and that both parties have the legal capacity to proceed. Here are the core eligibility factors:
Under Illinois law, at least one spouse must have resided in the state for a minimum of 90 consecutive days before filing for divorce. This residency requirement is essential for establishing Illinois court jurisdiction over the divorce case. If the couple has children, those children must have lived in Illinois for at least six months prior to the filing for the court to address custody matters.
Illinois is classified as a no-fault divorce state. This means that individuals seeking a divorce do not need to demonstrate any wrongdoing by the other party. The sole basis for divorce recognized under Illinois law is “irreconcilable differences,” signifying that the marriage has broken down beyond repair. If both spouses mutually agree to the divorce, the court will accept that irreconcilable differences exist without requiring further evidence.
While Illinois does not require couples to undergo legal separation before filing for divorce, they must live “separate and apart” for a minimum of six months before the divorce can be finalized by the court. Importantly, this does not necessarily mean that the spouses must live in separate residences; the court may recognize a situation where spouses reside in the same home but lead distinctly separate lives as sufficient to meet this requirement.
The time frame for finalizing a divorce in Illinois can vary significantly based on whether the divorce is contested or uncontested. Below are detailed descriptions of the timelines for each type of divorce.
An uncontested divorce occurs when both spouses agree on all major aspects of the divorce, including property division, child custody, and spousal support. This streamlined process can lead to a quicker resolution, typically allowing the divorce to be finalized within four to eight weeks, contingent primarily on how quickly the necessary paperwork is completed and court hearings are scheduled. Since there are no disputes to resolve, the court process can be efficient and straightforward.
Conversely, a contested divorce arises when spouses cannot reach an agreement on one or more critical issues, which can significantly prolong the process. This situation frequently involves several steps that contribute to an extended timeline, such as: – Filing motions to resolve disputes – Attending multiple court appearances – Engaging in discovery, which is the legal process of exchanging relevant information – Participating in mediation or settlement conferences – Potentially proceeding to trial if disputes remain unresolved On average, contested divorces in Illinois can take anywhere from six months to two years or longer, especially in cases that are complex or involve high conflict between the parties.
Even if both parties initially hope for a swift resolution, multiple factors can contribute to delays in the divorce process. Here are some common reasons that may extend the timeline:
Engaging with an experienced divorce attorney can help minimize these delays by keeping the process on track and ensuring that all legal requirements are met in a timely manner.
Understanding the procedural steps involved in obtaining a divorce in Illinois can empower you to prepare adequately for what lies ahead. Here’s a detailed breakdown of the key steps involved:
The divorce process starts when one spouse files a “Petition for Dissolution of Marriage” with the appropriate county court. This legal document formally requests a divorce and outlines initial claims related to the division of property, child custody, visitation, and financial support.
Following the filing, the petition must be served to the other spouse. This serves as official notice that divorce proceedings have commenced. Service is typically carried out by a sheriff or a professional process server, ensuring that the other party is duly informed.
The spouse who receives the divorce papers has a legal window of 30 days to respond. If they agree to the proposed terms of the divorce, the process can continue as uncontested. Conversely, if there are any disputes regarding the terms, the case will move into negotiations or court hearings to address those contested issues.
To facilitate a more amicable resolution, Illinois courts frequently encourage mediation. This process involves both spouses meeting with a neutral third-party mediator who assists them in resolving disputes related to child custody, property distribution, and support obligations outside of court. Mediation often results in quicker resolutions and can help preserve a working relationship between the parties.
If mediation efforts do not yield an agreement, the case may escalate to a trial. During the trial, a judge will examine the evidence and arguments presented by both parties and will make final decisions on all contested issues. Once all matters have been resolved, the court will issue a “Judgment for Dissolution of Marriage,” which officially ends the marriage and outlines the terms of the divorce settlement.
Once you know you are eligible for a divorce under Illinois law, it is essential to speak with a Chicago divorce lawyer about your options for moving forward with your divorce.
Divorce in Illinois follows a well-defined legal process with specific eligibility requirements and timelines. While uncontested divorces can often be resolved relatively quickly, contested cases may take many months or even years to finalize. Understanding the residency requirements, separation guidelines, and various procedural steps involved in the divorce process is pivotal for anyone contemplating divorce. If you are considering this significant life change, consulting with a knowledgeable attorney can ensure that your rights are protected and that you secure a fair resolution throughout the process.
Depending upon your specific circumstances, you may be eligible for a joint simplified divorce or an uncontested divorce. An advocate at our firm can discuss your options with you today. Contact Gordon & Perlut, LLC to learn more about the family law services we provide to individuals and families in Chicago.
(Updated 4/18/2025)