What is the Illinois Divorce Process Like?  

 Posted on December 20, 2025 in Divorce

The divorce process can be difficult and painful, even under the best circumstances. Having to navigate the complicated legal process, plus the emotional and financial challenges, can be hard to manage on your own.

While no two divorce proceedings are alike, most follow the same general format. Our Naperville divorce attorneys can explain the basics of the divorce process.

How Do I Start The Divorce Process?

All divorces start with something called a petition. However, before you can finalize your divorce, you have to make sure you have lived in Illinois for 90 days or more.

Under the Illinois Marriage and Dissolution of Marriage Act, specifically 750 ILCS 5/401, Illinois is what is known as a no-fault divorce state. This law changed how divorce works in Illinois and made the process more straightforward.

Do I Have To Prove My Spouse Did Something Wrong To Get A Divorce?

Illinois is a no-fault divorce state. This means that a court will end a marriage without requiring either spouse to prove that the other did something wrong. A divorce petition must state that the reason for divorce is irreconcilable differences, which simply means spouses have disagreements they cannot work out. However, a judge will still want to know that the spouses tried to work out their differences and still believe it would be in the best interest of everyone if they ended their marriage.

What If My Spouse Does Not Want To Get Divorced?

If both spouses agree that there are irreconcilable differences, then the divorce petition will be approved without a waiting period. However, if a spouse files a divorce petition and the other spouse disagrees, the couple has to show they have lived separate and apart for at least six months.

This does not always mean a couple has to live in different houses, which can be hard to afford. Rather, they need to show that they are not appearing in public as a married couple and that they have stopped living as a married couple.

Can We Get Divorced If We Have Not Separated?

You can get divorced in Illinois even if you have not physically separated or moved into different homes. Living separate and apart does not require you to maintain two separate households, which can be expensive and impractical for many families. What the court looks for is whether you are living separate lives even if you share the same home.

Where Should You File For Divorce In DuPage County?

You must file your divorce petition in the circuit court of the county where either you or your spouse lives. If you live in DuPage County, you will file at the DuPage County Circuit Court. The main courthouse is located in Wheaton, Illinois.

To file in DuPage County, either you or your spouse must be a resident of the county. If you and your spouse live in different counties, you can file in either county.

Does It Matter Who Files For Divorce First?

In most cases, it does not matter who files for divorce first in Illinois. The person who files is called the petitioner, and the other spouse is called the respondent. However, both spouses have equal rights regardless of who filed the petition.

There can be small advantages to filing first. The petitioner presents their case first in court proceedings, which some people find psychologically beneficial. Filing first also means you get to choose which county to file in if you and your spouse live in different counties.

However, these are minor considerations. The outcome of your divorce will depend on the facts of your case and Illinois law, not on who filed the petition first.

Will We File For Uncontested or Contested Divorce?

The term contested divorce simply means that you and your spouse disagree about one or more important issues in your divorce. Many divorces start out contested but become uncontested as spouses negotiate and reach agreements.

If you cannot reach agreements, the judge will hold hearings where both sides present evidence and arguments. However, very few divorces are litigated in court these days; Marriage.com cites the statistic that over 90 percent of divorces settle outside the courtroom.

How Long Will My Illinois Divorce Take And How Can I Make It Go Faster?

The length of the divorce process depends on several factors. The most important factor is how quickly spouses can agree about important issues. These include:

• Alimony, known in Illinois as spousal support or spousal maintenance

• Custody, known in Illinois as parental responsibilities or the allocation of parental responsibilities

• Visitation, known in Illinois as parenting time

• Child support

• Property division, including dividing your home, cars, retirement accounts, and debts

If you and your spouse agree on all issues, your divorce can be finalized relatively quickly, sometimes in as little as a few months. If you disagree and need the court to decide issues for you, your divorce could take a year or longer.

You can make your divorce go faster by being organized. Get your financial documents together ahead of time and respond promptly to your attorney. Be willing to negotiate and compromise on disputed issues and attend mediation if required. Focus on solving practical issues and not on your arguments with your spouse.

Will We Need To Go To Court for Our Divorce?

Whether you need to go to court depends on your specific situation. If you and your spouse agree on all terms of your divorce, you may only need to attend one short court hearing where a judge reviews and approves your agreement. This hearing is usually brief and straightforward. Sometimes it can be done remotely or without you in the courtroom.

However, if you and your spouse cannot agree on important issues, you will need to attend court hearings to resolve them. These hearings allow both sides to present evidence, question witnesses, and make arguments. The judge uses this information to make decisions about disputed issues.

Do I Need A Divorce Attorney?

While Illinois law allows you to represent yourself in divorce proceedings, having an attorney provides important benefits. The stakes in divorce are high. Mistakes in your divorce agreement can be difficult or impossible to fix later. An attorney:

• Explains your rights under Illinois law

• Prepares and files legal documents correctly

• Negotiates with your spouse or their attorney on your behalf

• Looks for issues you might not think of on your own

• Protects your interests in court if necessary

Call A Naperville, IL Divorce Attorney Today

Our DuPage County divorce lawyers at Pesce Law Group, P.C. have almost two decades of legal experience. We understand Illinois divorce law and can guide you through each step of your case. We know how overwhelming this time can be, and we are here to answer your questions. Contact Pesce Law Group, P.C. today at 630-352-2240 to schedule a free consultation.