Divorce Process
Do I need grounds to file for divorce in Illinois?
No. Illinois is a no-fault state, so the only basis for divorce is irreconcilable differences. You do not need to prove adultery, abandonment, or any other misconduct, and your spouse cannot stop the divorce by refusing to agree to it.
What happens right after you file for divorce in Illinois?
After filing, your spouse must be served or waive service. Then the case moves into financial disclosure, temporary issues if needed, and settlement or litigation. The court may set status dates and require parenting or financial paperwork. Filing starts the case, but it does not finish the work.
Do I have to live in Illinois to file here?
At least one spouse generally must have lived in Illinois for 90 days before the court can enter a Judgment for Dissolution of Marriage. However, residency is not the only consideration, especially when one spouse lives in another state, a party is in the military, or the parties have children. We can help determine whether Illinois is the appropriate place to file. 750 ILCS 5/401.
Is there a required separation period?
No. Illinois does not require spouses to live separately for any minimum period before obtaining a divorce. However, if spouses have lived separate and apart for at least six continuous months before judgment, the law conclusively presumes that irreconcilable differences exist. Living separate and apart does not necessarily require maintaining separate residences. 750 ILCS 5/401(a-5).
What's the difference between a contested and uncontested divorce?
An uncontested divorce means you and your spouse agree on all the terms — parenting, support, and how property and debts are divided — and the court simply approves your agreement. A contested divorce means at least one issue is unresolved and the court process is used to work it out, through negotiation, mediation, or ultimately a hearing or trial.
Will I have to go to court?
Usually far less than people expect. Most divorces resolve by agreement, and in many cases the only court appearance is a short final hearing called a prove-up, where the judge reviews and approves your agreement. Some routine court dates can be handled by your attorney or held by video, depending on the judge.
What if my spouse won't participate or I can't find them?
A spouse's refusal to participate does not necessarily prevent a divorce from proceeding. If your spouse is properly served and fails to respond within the required time, you may be able to request a default judgment. If your spouse cannot be located despite diligent efforts, service by publication may be available. However, the method of service and the court's jurisdiction can affect whether issues such as property division, maintenance, and support can be decided. 735 ILCS 5/2-206 through 2-208.
Will we be required to go to mediation?
If you and your spouse disagree about parenting time or significant decision-making responsibilities, the court will generally require mediation before proceeding to a contested hearing. However, exceptions may apply, particularly when domestic violence, safety concerns, or other circumstances make mediation inappropriate. Certain emergency or temporary issues may also be addressed before mediation is completed. Illinois Supreme Court Rule 905.
How long does a divorce take in Illinois?
An uncontested divorce in Cook County may be finalized in a matter of weeks once the necessary agreements and paperwork are complete. Contested divorces generally take much longer, often a year or more, depending on the issues involved, the parties' cooperation, discovery, and the court's schedule.
Consultation and assessment timeline: An initial conversation is typically scheduled within days. A full strategy discussion follows once you've hired us and shared your financial and family picture.
Filing and residency timeline: You can file at any time, but the court cannot enter a judgment until one spouse has lived in Illinois for at least 90 days.
Uncontested case timeline: Once both spouses sign a complete settlement agreement (and parenting plan, if applicable), the case moves at the pace of the court's calendar. In Cook County, that's typically 3 to 4 weeks to get a prove-up hearing scheduled once the paperwork is complete — and in some represented, uncontested cases, parties can prove up by affidavit without appearing at all.
Contested case timeline: A contested divorce can take more than a year, driven by discovery, mandatory mediation on any contested parenting issue, and court scheduling. Cases involving contested parental responsibilities are subject to special rules intended to move those issues forward promptly. However, the actual timeline depends on the facts, court scheduling, and whether additional hearings or evaluations are necessary. Illinois Supreme Court Rule 901.
Post-decree timeline: An uncontested modification, where the other party agrees, can resolve within weeks. A contested modification requiring a hearing can take several months to over a year.
How much does a divorce cost in Chicago?
It depends almost entirely on how much is disputed. An agreed divorce with a complete settlement is the least expensive kind, and we can handle one on a flat fee if you prefer certainty. Contested divorces cost more because fees follow the hours worked, and cases with parenting disputes, business valuation, or extended discovery cost several times what an agreed case does. We bill hourly against a retainer and quote it at the consultation. Our post on how much a divorce actually costs in Illinois goes into detail.
What affects the cost of a divorce in Chicago?
Number of disputed issues. Each issue may need its own discovery, negotiation, and potentially a hearing. If the issues cannot be resolved then a trial may be necessary. This increases costs.
Financial complexity. A business, an unusual retirement account, or a real estate portfolio may need a valuation before a settlement number even exists.
Spouses cannot cooperate. Lack of cooperation drives motions, hearings, and negotiation cycles.
Separate fees. A Guardian ad Litem or a parenting evaluation adds separate fees, typically split between the parties. Court filing fees apply regardless and are the smallest part of the total.
An uncontested divorce with a complete agreement costs a fraction of a contested one, and a contested case involving business valuation, forensic accounting, or a trial sits at the top of the range. We quote after the consultation, once we know which of these apply to you.
What's the difference between divorce and legal separation in Illinois?
A divorce legally ends the marriage, while a legal separation allows spouses to remain married while obtaining certain court orders concerning financial support. Unlike a divorce, a legal separation generally does not allow the court to divide property unless the spouses have reached an agreement. Either spouse may still pursue a divorce after a legal separation. 750 ILCS 5/402.
Can I get divorced in Illinois if my spouse doesn't agree?
Yes. Illinois is a no-fault state, and a spouse's refusal doesn't prevent a divorce — it just makes the case contested rather than uncontested. A court can grant a dissolution based on irreconcilable differences even over one spouse's objection; the disagreement affects the process and timeline, not whether the divorce can happen.
Do you need to appear in person for a Cook County divorce?
Not always. Many routine Cook County appearances are handled by Zoom, especially early case management dates. If your case goes to trial, you should expect to appear in person. The exact format depends on the judge, the hearing, and the stage of your case.
What happens if my spouse won't leave the marital home during the divorce?
Neither spouse is automatically required to move out simply because a divorce has been filed. Whether it makes sense to stay or go depends on the circumstances — safety, finances, and the parenting arrangement all factor in — and a temporary order addressing occupancy of the home can be requested if the situation calls for it.
Can my spouse and I just use one attorney, or a mediator instead of two attorneys?
One attorney generally cannot represent both spouses in a divorce because their interests may conflict, even when the divorce is amicable. However, one spouse may hire an attorney to prepare the necessary agreements and court documents while the other spouse remains unrepresented. A mediator, on the other hand, acts as a neutral third party to help spouses reach an agreement but does not represent either spouse. Each party may seek independent legal advice before signing an agreement.
What if my spouse and I agree on almost everything except one issue, like the house?
You do not necessarily have to start negotiations over simply because one issue remains unresolved. The parties can often narrow their disagreements and document the terms they have already settled. If the remaining issue cannot be resolved, the court may need to decide it. However, some issues are interconnected, and the court must still approve the final judgment and applicable agreements.
Do you handle divorce and custody cases in DuPage and Will County?
Yes. We represent clients in Cook, DuPage, and Will Counties from our West Loop office. The statutes are the same statewide; what changes is the courthouse, the local rules, and how each judge runs a courtroom. Knowing those differences is most of what saves time in a suburban case.
Is the divorce process different in DuPage County than in Cook County?
Illinois divorce law applies equally in Cook and DuPage Counties, but each county has its own local rules and scheduling procedures. For example, uncontested divorces may be finalized through different prove-up procedures depending on the county, judge, and circumstances. Some hearings may be conducted remotely, while others require an in-person appearance. Both counties generally require mediation when parenting issues remain contested.
Where are family law cases heard in Cook / DuPage / Will County?
DuPage County Courthouse
505 N County Farm Rd.
Wheaton, IL 60187
Will County Courthouse
100 W Jefferson St.
Joliet, IL 60432
Cook County cases are usually heard at the Daley Center downtown or at the suburban district courthouse for your address. Your case belongs in the county where either you or your spouse lives.
Do I file for divorce in the county where I live or where my spouse lives?
Either. Illinois lets you file in the county where you live or the county where your spouse lives (there are exceptions). If you live in different counties, there is sometimes a strategic reason to prefer one over the other, such as how quickly cases move or how the judges there tend to handle a particular issue. We will tell you which one makes sense for your situation.
Do I have to take a parenting class?
In most Illinois counties, including Cook, both parents in a divorce involving minor children must complete an approved parenting education program before the judgment is entered. It is typically a short online course.
Can I start dating before the divorce is final?
Legally, dating at any point in the process does not affect your right to a divorce, since Illinois is no-fault. Practically, it can complicate parenting negotiations and, in some situations, spending money on a new partner can raise dissipation issues. However, dating in itself does not necessarily mean that there will be dissipation issues. It is worth a conversation with your attorney.