Getting Divorced
750 ILCS 5/401 — irreconcilable differences, after 90 days of residence in the State
The court enters a judgment dissolving the marriage when one spouse was a resident of Illinois, or stationed here in the armed services, for the 90 days before the case was filed or the finding made, and irreconcilable differences have caused the irretrievable breakdown of the marriage.
Who handles this in Illinois: Illinois Legal Aid Online and Legal Aid Chicago; and legal aid programs, lawyer referral and the state offices, listed in the Illinois directory.
Six months apart. Where the spouses have lived separate and apart for a continuous period of not less than 6 months immediately before the judgment, the irreconcilable differences requirement is presumed met, and the presumption cannot be rebutted.
Before entering judgment, the court considers or provides for the allocation of parental responsibilities, child support, maintenance of either spouse, and the division of property, unless the parties agree, or the court finds on a motion, that an issue should be reserved.
Sources for this section (1)
- 750 ILCS 5/401 — Dissolution of marriage
Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed Illinois attorney.