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How to Start a Divorce in Illinois

On Behalf of | Dec 29, 2019 | Divorce

Starting a Divorce in Illinois begins with filing a “Petition for Dissolution of Marriage”.

One of you must file. You can’t file jointly. One of you has to be the “Petitioner” and the other has to be the “Respondent”.

Where do you file?

In the County in Illinois where one of you has lived for a least 90 days and if you have children where the children live as well.

What grounds do you need for Divorce in Illinois?

Our state recognizes only one ground for Divorce, Irreconcilable Differences. You must state that the two of you have Irreconcilable Differences, that past attempts to resolve those differences have failed and future attempts would be futile and not in the best interests of the family.

What if you want alimony or what we now call spousal support or maintenance?

You need to write why you feel that you are entitled to spousal support not just that he or she makes significantly more money then you do. For example, maybe you moved so that your husband or wife could get a promotion at work or you chose not to go further in school so that you could take care of the family while he or she got that advanced degree.

What if you have children?

The Divorce Petition must identify your kids by first name at least and give their ages.

What if you want custody? State who gets the kids most of the time or split time.

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What if you need child support?

You should definitely state whether you and the kids are in need of child support and that your spouse is well able to pay it according to Illinois Law.

You want to start the Divorce Process correctly. We at Gabrielle S. Davis, PC with offices in Oak Park and Oak Brook, Illinois can help you do just that.

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