You must follow the proper procedure for your specific county. This is a basic outline for the procedure. You can contact our office for help and a free consultation at (312) 648-6115.

Residency Requirement

Divorce is commonly referred to as "dissolution of marriage". Illinois no longer has fault based divorce. One of the spouses must be a resident of Illinois for at least 90 days.

Filing

A Petition for Dissolution of Marriage may be filed in the circuit court in the county where either spouse resides or any other county (with a Petition for Approval of Venue; contact our attorneys for more information) and serve a copy of the Petition to the other spouse within thirty (30) days and the responding spouse must file their appearance thirty (30) days after that.

Court-Mandated Classes

When minor children are involved, the Court reserves the right to order the parents to attend an education program concerning the effects of dissolution of marriage on the child/children. (it shall not exceed four (4) hours. Each parent shall pay their own costs.

Spouses Name

Upon request by a wife who's marriage is dissolved, the court shall order that her maiden name or former name be restored.

Property Division

Illinois is an equitable distribution state which means marital property will be divided fairly and equitably, but not necessarily equally. Pension benefits acquired by either spouse during the marriage are marital unless defined as "non-marital property". Commingling a non-marital asset will transform it to marital.

Maintence (see our post on "maintence".)

Parenting Allocation and Child Support (formerly Custody) contact our office at (312)648-6115.

General Guidelines: 20% for one child; 28% for two children; 32% for three children; 40% for four children; 45% for five children; 50% for six or more children.

Please contact our office for more information at (312) 648-6115 and check our resources page for links to Illnois Compiled Statues.