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Illinois Divorce Laws
Skip to...750 ILCS 5/401(a)
Illinois has no fault divorce laws based on living separate and apart for six (6) months, if both parties agree in writing. If only one spouse brings the action for divorce, the laws for living separate and apart require a period of two (2) years. In addition to no fault grounds, Illinois laws also allow the following fault grounds for divorce:1. Impotency;
2. Adultery;
3. Willful desertion or abandonment for at least one (1) year;
4. Habitual drunkenness for at least one year;
5. Gross habits caused by excessive use of addictive drugs for two (2) years;
6. Attempting the life of another;
7. Extreme and repeated physical or mental cruelty;
8. Conviction of a felony; or
9. Infecting the other spouse with a sexually transmitted disease;
750 ILCS 5/401(a)
Illinois laws require at least one spouse to be a resident of the state of Illinois for 90 days to file for divorce.
You can file the divorce documents in the county where you live, or where your spouse lives.
There is no specified waiting period before the final divorce proceedings can take place. You will need to ask the court clerk to schedule your case for a final uncontested divorce hearing. It will depend on the backlog of the court how long it takes to get a final hearing. Both spouses are normally required to attend the final hearing under Illinois laws.
Learn more about the divorce procedure.
If your divorce is uncontested, we would love to guide you through the process from beginning to end. Learn more about how our uncontested divorce services can help you through your divorce.
© Help Yourself Divorce 2002-2008
IMPORTANT: Help Yourself Divorce is a paralegal service, not a law firm. Please don't rely on this information for legal advice. Seek help from an attorney if you need legal advice.
This information has been summarized from the Illinois statutes. You can find the full-text version of these and other Illinois divorce statutes online here: Illinois Divorce Laws.
