How to Prepare for Divorce in Illinois
Preparing for divorce in Illinois can feel overwhelming, especially with the state's specific timelines and property laws. The more organized you are before filing, the more control you retain over the process from every angle, including financially, legally, and emotionally.
Understanding Divorce Laws in Illinois
Fault Type
No-fault only
Waiting Period
6-month separation requirement
Property Division
Equitable distribution
Residency Requirement
90 days in IL
- Illinois is a no-fault only state as of 2016.
- A six-month separation period is required, though it can be waived.
- Illinois eliminated fault-based grounds entirely.
How to Prepare for Divorce in Illinois
⚖️ Legal Preparation
- Collect marriage certificates, prenuptial agreements, and prior court orders
- Understand residency requirements (90 days in IL)
- Decide whether an attorney or mediator best fits your situation
- Research Illinois's no-fault only divorce options
💰 Financial Preparation
- List all assets, debts, and income sources
- Gather tax returns (last 3–5 years)
- Open accounts in your own name
- Document all shared accounts and credit cards
Property division considers each spouse's contribution to marital property and their economic circumstances.
👨👩👧👦 If You Have Children
- Learn Illinois custody standards
- Document children's schools, healthcare, and activities
- Consider ideal custody schedules
- Gather records of parenting involvement
Illinois uses 'parental responsibilities' instead of custody. Courts encourage parenting plans that maximize both parents' involvement.
🔐 Personal & Digital Preparation
- Secure passwords and financial access
- Preserve important communications
- Build emotional and logistical support
- Create copies of important documents
Illinois Divorce Resources
Stay Organized with Divorce Diary
Divorce Diary helps you track documents, deadlines, and decisions so nothing gets missed during Illinois's divorce timeline. Walk into your first attorney meeting prepared and saving $1,000+ in intake fees.
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