Illinois State Laws
Updated for 2026
Illinois Divorce Laws
Your complete guide to divorce in Illinois. Since 2016, Illinois is a pure no-fault state with no mandatory waiting period.
Understanding Illinois Divorce Law
Property Division
Illinois follows Equitable Distribution. Courts divide marital property fairly considering multiple factors.
Fair DivisionGrounds for Divorce
No-Fault Only: Irreconcilable differences. Illinois eliminated all fault grounds in 2016.
No-Fault OnlyParental Responsibilities
Illinois uses parental responsibilities terminology. Courts allocate decision-making and parenting time separately.
Best InterestsChild Support
Uses the Income Shares Model adopted in 2017, considering both parents incomes.
Income Shares ModelParental Responsibilities Factors
1
Wishes of child and parents
2
Childs adjustment to home, school, community
3
Mental and physical health of all individuals
4
Childs relationship with parents, siblings, others
5
Willingness to facilitate relationship with other parent
6
Physical violence or threat of violence
7
Parenting tasks previously performed by each parent
8
Any military deployment schedules
Spousal Maintenance
Temporary Maintenance
Support during proceedings
Fixed-Term Maintenance
Set period based on marriage length formula
Reviewable Maintenance
Subject to review at specified date
Key Statutes
750 ILCS 5/401
Dissolution Grounds
Irreconcilable differences as sole ground
750 ILCS 5/503
Property Division
Equitable distribution of marital property
750 ILCS 5/602.5
Parental Responsibilities
Allocation of parenting time and decisions
750 ILCS 5/505
Child Support
Income shares model guidelines
Recent Changes
2024
Maintenance Formula Update
Illinois adjusted maintenance duration formula for marriages over 20 years.
2023
Parenting Coordinator Expansion
Expanded use of parenting coordinators in high-conflict custody cases.
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