By: Gordon & Perlut, LLC
Divorce in Chicago and the Chicago area is difficult for all parties, from the spouses themselves to children from the marriage. Yet the prospect of divorce can often be more anxiety-inducing than it needs to be as a result of common misconceptions or myths about the divorce process in Chicago and the surrounding counties. We want to dispel some of those misconceptions and myths for you today.
Illinois used to have fault-based grounds for divorce. Now, Illinois is a “no-fault” state for divorce purposes. Under the Illinois Marriage and Dissolution of Marriage Act (IMDMA), the parties only need to show “irreconcilable differences have caused the irretrievable breakdown of the marriage” such that “the court determines that efforts at reconciliation have failed or that future attempts at reconciliation would be impracticable and not in the best interests of the family.” There is an irrebuttable presumption these requirements are fulfilled when a married couple lives separate and apart for a continuous period of at least six (6) months.
Under the IMDMA, courts divide marital property based on a theory known as “equitable distribution”. With equitable distribution, the court aims to divide property in a way that it considers to be fair to both spouses. While there are many cases in which equitable distribution results in a 50/50 split, that is not always the case. Equitable does not mean equal. To divide property equitably, courts look at many different factors, including: the length of the marriage, the health of the parties, the standard of living established during the marriage, and the earning power of each spouse etc..
While divorce can result in a tighter budget when you transition to a single-income household, many people bounce back quickly after a divorce. This is especially true for people who still have several years of employment ahead of them to rebuild savings and retirement accounts.
Illinois courts no longer award custody, but instead, allocate parental responsibilities. Under the IMDMA, courts want to make sure both parents play a significant role in raising their children. Accordingly, the court aims to ensure parents share in significant decision-making responsibilities and parenting time, as long as it is in the best interests of the child.
While some divorces are heated and contentious, many are not. Many couples in the Chicago region have what is known as an uncontested divorce, in which they reach an agreement on all terms of the divorce, from property division to the allocation of parental responsibilities. Even if spouses cannot immediately reach an agreement about all issues, they can go to divorce mediation and communicate with one another with the help of a neutral third party (a mediator) until they have reached an amicable agreement.
Divorce rates in Illinois have evolved significantly over the years, revealing a complex landscape that mirrors broader societal changes regarding marriage, financial independence, and individual relationship expectations. While national divorce rates have generally shown a downward trend, Illinois presents unique patterns that redefine how couples view and approach separation. In this analysis, we will explore the latest divorce trends in the state, detailing both statistical insights and societal implications.
Illinois has witnessed a consistent decline in divorce rates over the past two decades. For instance, the number of divorces recorded in 2017 totaled 24,341, a substantial decrease from 39,524 divorces in 2000. This trend aligns closely with national figures, reflecting similar declines in many states. Several key factors contribute to this decrease, such as delayed marriage, where individuals are prioritizing education and career stability before committing to marriage. Additionally, enhanced financial planning and increased access to relationship counseling resources have enabled couples to address conflicts more constructively, reducing the likelihood of separation.
The decline in marriage rates within Illinois also plays a critical role in shaping divorce statistics. Fewer marriages naturally correlate with fewer potential divorces. In 2017, Illinois recorded 76,684 marriages, falling from 79,462 in 2014. This decline reflects a shift in societal norms and personal priorities, where many couples now choose to delay marriage until they achieve greater financial stability or personal readiness. As couples wait longer to marry, the average age at which individuals enter marriage increases, often leading to more mature and considered partnerships that may be better equipped to manage challenges.
Despite the overall decline in divorce rates, the phenomenon of “gray divorce” is becoming increasingly prevalent. This term refers to divorces occurring among individuals aged 50 and older. Many of these older adults find themselves reevaluating their relationships as they seek personal fulfillment and independence later in life. Contributing factors include longer life expectancy, which encourages individuals to embrace new beginnings, as well as financial security that allows for greater freedom in making life choices. Additionally, changing social norms mean that divorce is no longer stigmatized, empowering older individuals to pursue new paths.
The rising financial independence of women in Illinois significantly impacts divorce trends. With more women pursuing higher education and entering the workforce, they are increasingly able to support themselves financially. As a result, many women no longer view divorce as a financial risk but as a viable opportunity for personal growth and fulfillment. This shift is transforming the dynamics of relationships, with couples negotiating roles and expectations more openly, thus fostering healthier partnerships.
Illinois operates under a no-fault divorce system, which serves to streamline the dissolution process. Couples no longer need to prove wrongdoing or assign blame to one party to obtain a divorce; the only requirement is to demonstrate irreconcilable differences. This legal framework has simplified the divorce process, reducing animosity and conflict between parties. As a result, divorcing couples can reach more amicable agreements, facilitating quicker resolutions and minimizing the emotional strain often associated with divorce.
The Illinois court system places a strong emphasis on joint custody arrangements, reflecting a commitment to ensuring that both parents remain actively involved in their children’s lives post-divorce. Such arrangements are recognized as beneficial for children’s emotional and developmental well-being, which has led to broader societal acceptance of shared parenting. Moreover, child support laws in Illinois have evolved to consider both parents’ incomes, promoting a more equitable distribution of financial responsibilities. This change aims to enhance the well-being of children after a divorce, ensuring they receive adequate support from both parents.
Interestingly, Illinois boasts one of the lowest divorce rates in the United States, with only 1.2 divorces per 1,000 residents. This statistic is significantly lower than heavily populated states like Nevada (3.8) and Idaho (3.4). The comparatively low divorce rate in Illinois may be attributed to several factors, including a strong emphasis on family values, economic stability within the state, and accessible resources for relationship counseling. These elements create an environment where couples feel supported in navigating their relationships.
The divorce trends in Illinois illustrate broader societal shifts, revealing a landscape influenced by financial independence, evolving marriage patterns, and progressive legal frameworks. Although divorce rates are generally declining in the state, the rise of gray divorce and joint custody arrangements is a testament to changing family dynamics. Understanding these trends is essential for individuals navigating the complexities of marriage and separation, as they can provide valuable insights into contemporary relationship challenges. If you are considering divorce, consulting with a legal professional can offer clarity and tailored guidance to help you through this sensitive process.
Divorce is often the most difficult experience in a person’s life, while also being the best decision in the long run. When you file for divorce, it is important to have an experienced Chicago divorce lawyer representing you. If you need assistance filing for divorce or with any stage of the divorce process, an advocate at our firm can begin working on your case today. Contact Gordon & Perlut, LLC at 312-360-0250 to speak with a divorce lawyer at our firm.
(4/18/2025)