Question 1

How long do you have to live in Illinois to file for divorce?

Accepted Answer

One spouse must have lived in Illinois, or been stationed in Illinois as a member of the armed services, for 90 days before the case is filed or before the court makes its finding.

Question 2

Is Illinois a no-fault divorce state?

Accepted Answer

Illinois is a no-fault state; the only ground is that irreconcilable differences have caused the irretrievable breakdown of the marriage and reconciliation has failed or would be impracticable. If the spouses have lived separate and apart for at least 6 continuous months before the judgment, the law conclusively presumes irreconcilable differences.

Question 3

Is there a waiting period for divorce in Illinois?

Accepted Answer

Illinois law sets no fixed waiting period after filing. However, the irreconcilable-differences ground is automatically proven only if the spouses have lived apart for 6 continuous months before judgment; otherwise it must be shown. The judgment is final when entered.

Question 4

How much does it cost to file for divorce in Illinois?

Accepted Answer

Filing fees are set by each county's Circuit Clerk, and the respondent may also have to pay a fee to file an appearance in some counties. Sheriff's fees for service are extra. If you cannot afford the fees, you can ask to file for free or at a reduced cost by filing an Application for Waiver of Court Fees; an Illinois sheriff must honor a fee waiver order.

Question 5

How do you get an uncontested divorce in Illinois?

Accepted Answer

Illinois has a Joint Simplified Dissolution procedure. Both spouses must certify that: neither depends on the other for support (or both waive it) and both waive maintenance; residency and irreconcilable differences are met; no children were born or adopted during the marriage and the wife is not pregnant by the husband; the marriage lasted 8 years or less; neither owns real estate or retirement benefits (other than IRAs worth less than $10,000 combined); marital property is worth less than $50,000; combined gross income is under $60,000 and neither earns over $30,000; they have exchanged financial information and tax returns; and they have signed written agreements dividing assets over $100, debts, and any pets. Both must appear in court. Other agreed divorces are finished at a 'prove-up' hearing.

Question 6

Is Illinois a community property state?

Accepted Answer

Illinois uses equitable distribution. Each spouse keeps their non-marital property, and the court divides marital property in 'just proportions' without regard to marital misconduct, considering factors such as each spouse's contributions (including as a homemaker). Marital property is generally everything either spouse acquired during the marriage. Non-marital property includes gifts and inheritances, property owned before the marriage, property acquired in exchange for those, property excluded by a valid premarital or postnuptial agreement, property acquired after a legal separation judgment, and increases in value of non-marital property (subject to reimbursement). Property acquired during the marriage is presumed marital unless shown otherwise by clear and convincing evidence.

Question 7

How is alimony decided in Illinois?

Accepted Answer

The court first decides whether maintenance is appropriate, considering factors such as each spouse's income, property, needs, earning capacity, time out of the workforce for the family, standard of living, length of the marriage, age and health, and tax consequences. If it is appropriate and the spouses' combined gross income is under $500,000 (and the payor has no prior-relationship support obligation), guideline maintenance applies: 33 1/3% of the payor's net income minus 25% of the payee's net income, capped so the payee does not receive more than 40% of the couple's combined net income. Duration is the length of the marriage multiplied by a factor from .20 (under 5 years) up to .80 (19 to 20 years); for marriages of 20 years or more the court may order maintenance for the length of the marriage or indefinitely.

Question 8

How is child custody decided in Illinois?

Accepted Answer

Illinois uses the terms 'allocation of parental responsibilities' (decision-making on education, health, religion and activities) and 'parenting time' instead of custody. Both are decided by the child's best interests. Both parents are presumed fit, and the court will not restrict parenting time unless it would seriously endanger the child. Factors include each parent's wishes, the child's wishes (taking into account the child's maturity), each parent's caretaking in the prior 24 months, the child's relationships and adjustment, health, distance between homes, violence or abuse, and each parent's willingness to support the child's relationship with the other parent. No specific age is set for the child's preference. Parents may submit an agreed parenting plan.

Question 9

How is child support calculated in Illinois?

Accepted Answer

Since July 1, 2017, Illinois has used the Income Shares model: both parents' net incomes are combined, a schedule sets the basic support amount, and each parent pays their percentage share. If each parent has the child at least 146 overnights a year, a shared physical care calculation (basic amount times 1.5, offset between parents) applies. The Department of Healthcare and Family Services (HFS) publishes the guidelines, worksheets, and an online estimator.

Question 10

Do you have to take a parenting class to divorce in Illinois?

Accepted Answer

The statewide divorce instructions say parents with minor children must complete a court-approved class about parenting and divorce; the Circuit Clerk can provide the name of the approved class. There is normally a fee, which is waived if you have a fee waiver order. By statute, the court may order parents to attend an educational program on the effects of divorce on children of up to 4 hours total.

Question 11

Can you get a legal separation in Illinois?

Accepted Answer

Yes. A spouse living separate and apart may file for legal separation to get reasonable support and maintenance. The court cannot divide property in a legal separation unless the spouses submit a property settlement agreement, which becomes final and cannot be modified. A legal separation does not prevent either spouse from later filing for divorce.

Question 12

What are the grounds for annulment in Illinois?

Accepted Answer

Illinois calls annulment a 'declaration of invalidity of marriage.' Grounds are: a party lacked capacity to consent (mental incapacity or the influence of alcohol or drugs) or was induced by force, duress, or fraud involving the essentials of marriage; a party cannot consummate the marriage and the other did not know; a party was 16 or 17 without parental or judicial consent; or the marriage is prohibited by law.

Question 13

Does Illinois recognize common-law marriage?

Accepted Answer

No. Common-law marriages entered into in Illinois after June 30, 1905 are invalid.

Question 14

Do grandparents have visitation rights in Illinois?

Accepted Answer

Grandparents, great-grandparents, step-parents, and siblings of a child at least 1 year old may petition for visitation only if a parent has unreasonably denied visitation, causing the child undue mental, physical, or emotional harm, and one of these applies: the other parent is deceased or missing at least 90 days; a parent is legally incompetent; a parent has been jailed more than 90 days; the parents are divorced, legally separated, or in a pending custody case; or the parents never married and do not live together. A fit parent's decisions are presumed not harmful, and the petitioner must prove otherwise.

Question 15

How do you change your name back after a divorce in Illinois?

Accepted Answer

Unless the person asks otherwise, a divorce judgment (or declaration of invalidity) includes a provision allowing the person to resume a former or maiden name at any time. With that provision, no separate name change petition or publication notice is needed.

Question 16

At what age does child support end in Illinois?

Accepted Answer

Every support order must state a termination date, which can be no earlier than the child's 18th birthday. If the child will not graduate from high school until after turning 18, the termination date can be no earlier than the high school graduation date or the child's 19th birthday, whichever comes first. The termination date does not erase unpaid arrears, and an order can be ended earlier if the child is otherwise emancipated. Separately, a court may order support for a child of the parties who has reached majority and is mentally or physically disabled and not otherwise emancipated; the request can be made before or after the child turns 18. Courts can also order contributions to college or other post-high-school education expenses under a separate section.

Question 17

How do I file for child support in Illinois?

Accepted Answer

Enroll with Illinois Child Support Services (CSS), part of the Department of Healthcare and Family Services (HFS). Enrollment is free and services are available at no cost to parents or caretakers of a minor child. If you do not have an open case, enroll online through the Child Support eServices portal ("How do I enroll for child support services" and then Enroll); CSS will notify you by email or letter when the case is opened or why it could not be. A closed case requires a new enrollment form. Help is available from the CSS Customer Service Call Center (TTY 1-800-526-5812) or a CSS regional office. CSS does not handle divorce, custody or visitation, or college-expense orders.

Question 18

What happens if you don't pay child support in Illinois?

Accepted Answer

Once an order is entered, CSS issues an income withholding order to the paying parent's employer. If support is not paid, CSS remedies include tax refund offset, passport denial, denial or suspension of driver's, hunting, fishing and professional licenses, liens on bank accounts and property, and collection from unemployment insurance benefits. CSS also connects paying parents with employment and support programs to remove barriers to payment.

Question 19

How do you modify child support in Illinois?

Accepted Answer

A court can modify child support, for payments due after notice of the motion, upon a showing of a substantial change in circumstances. In cases receiving state child support enforcement services, an order can also be changed without showing a substantial change if at least 36 months have passed since it was entered or last modified and the guideline amount differs from the current order by at least 20% (and at least $10 a month), or if the child's health care needs must be addressed. Either parent or a guardian can petition the court or ask CSS for a free review; CSS cases are reviewed every three years and, as a rule, a 20% increase or decrease is required. Request a review by calling 888-245-1938 or using CSS's online modification form.

Question 20

How do you get emergency custody in Illinois?

Accepted Answer

Before a final judgment, a court may order a temporary allocation of parental responsibilities (custody) in the child's best interests, after a hearing or, if no one objects, based on a parenting plan; it may also allow a temporary relocation of the child. Under the interstate custody law, an Illinois court has temporary emergency jurisdiction if the child is present in Illinois and has been abandoned, or emergency action is needed to protect the child because the child, a sibling or a parent is being mistreated or abused or threatened with it.

Question 21

Are divorce records public in Illinois, and how do I get a copy?

Accepted Answer

The Illinois Department of Public Health (IDPH), Division of Vital Records, does not issue certified copies of divorce (dissolution of marriage) records; certified copies come from the circuit court clerk in the county where the divorce was granted. IDPH can verify the basic facts of a divorce from 1962 onward (names, dates of birth, date and city or county of the event) for $5, by mail, fax or in person; a verification is not a certified copy.

Question 22

How do you get a marriage license in Illinois?

Accepted Answer

Both parties complete and sign the application on the state Department of Public Health form (name, address, Social Security number, birth date and place, prior marriages and how they ended, parents' names, and any relationship between them), both appear before the county clerk, and the license fee is paid. The clerk issues the license on satisfactory proof of age and that the marriage is not prohibited. The license takes effect one day after it is issued (unless a court orders it effective immediately), is effective in the county where issued, and expires 60 days after it becomes effective. The Act does not state the license fee amount.

Question 23

What is the legal age to get married in Illinois?

Accepted Answer

Each party must be 18 when the license takes effect, or 16 or 17 with the consent of both parents or a guardian, or with judicial approval. If one parent cannot be located after diligent efforts, the other parent's consent plus an affidavit describing the search counts as both. A court may order a license for a 16- or 17-year-old who has no parent able to consent or whose parent will not consent, but only if it finds the minor can assume the responsibilities of marriage and the marriage is in the minor's best interest; pregnancy alone does not establish best interest.

Question 24

What are the requirements to adopt a child in Illinois?

Accepted Answer

A reputable adult (or a minor with court permission) with no legal disability who has lived in Illinois for at least six months before filing (or a service member domiciled in Illinois for 90 days) may petition; a married or civil-union petitioner who has not lived apart from the spouse or partner for 12 months must adopt jointly with that person. The residency rule does not apply to related-child adoptions or placements by an Illinois-licensed agency, among others. Consents or surrenders are required unless the court finds a parent unfit by clear and convincing evidence or another exception applies, and a child 14 or older must consent. Within 10 days after filing to adopt an unrelated child, the court appoints an approved agency or other person to investigate the petitioners, including a fingerprint-based criminal background check.

Question 25

How does stepparent adoption work in Illinois?

Accepted Answer

A stepchild is a "related child" under the Adoption Act. The six-month Illinois residency requirement does not apply, and no court investigation is made in a related-child adoption unless the court orders one. A married stepparent adopts jointly with the spouse who is the child's parent. The other parent's consent or surrender is required unless the court finds that parent unfit by clear and convincing evidence or another statutory exception applies, and a child 14 or older must consent.

Question 26

How do you get guardianship of a child in Illinois?

Accepted Answer

On a petition or its own motion, the court may appoint a guardian of a minor's person, estate or both, as it finds to be in the minor's best interest. But the court has no jurisdiction to appoint a guardian if a living parent whose rights have not been terminated, whose whereabouts are known, is willing and able to make day-to-day child care decisions, unless that parent voluntarily gave up physical custody, does not object after notice, or consents in a notarized writing or in open court (or a similar statutory exception applies). A parent may also designate a guardian in a signed writing witnessed by two adults, including a will.

Question 27

How do you get guardianship of an adult in Illinois?

Accepted Answer

A reputable person, the adult, or the court on its own motion may start the case. The court may find a person to be a person with a disability only on clear and convincing evidence, and may then appoint a guardian of the person (if, because of the disability, the person lacks capacity to make or communicate responsible decisions about personal care), of the estate (if unable to manage finances), or both. Guardianship may be used only as necessary to promote the person's well-being, protect against neglect, exploitation or abuse, and encourage maximum self-reliance and independence, and only to the extent required by the person's actual limitations.

Question 28

How do you establish paternity in Illinois?

Accepted Answer

Under the Illinois Parentage Act of 2015, the person who gave birth and an alleged genetic parent (or a presumed or intended parent) may sign a witnessed voluntary acknowledgment of parentage under penalty of perjury, as provided in the Vital Records Act. Once filed with the Department of Healthcare and Family Services, it is equivalent to a court judgment of parentage and can be used to seek child support. A signer may rescind it by filing a signed, witnessed rescission with the Department before the earlier of 60 days after it takes effect or a court or administrative proceeding about the child in which the signer is a party. After that, it can be challenged only for fraud, duress or material mistake of fact, by verified petition filed within two years. In a court case, the court must order DNA testing on a party's request, with limited exceptions.

Question 29

How do you legally change your name in Illinois?

Accepted Answer

An Illinois resident files a petition, on the statewide standardized form approved by the Illinois Supreme Court, in the circuit court of the county where he or she lives; the petitioner must have lived in Illinois for three months by the time of the hearing or order. The petition states the current and new names, residence and time in Illinois, and whether the petitioner has unpardoned convictions or pending charges. People still serving a felony sentence generally may not file, and people required to register as sex, violent or arson offenders may file only for specified reasons. The former newspaper publication section (21-103) has been repealed.

Question 30

How does a minor get emancipated in Illinois?

Accepted Answer

Under the Emancipation of Minors Act, a petition may be filed for a minor who is at least 16 (by the minor's next friend, parent or guardian) in the circuit court where the minor lives or is found. After a hearing, the court may declare the minor completely or partially emancipated if it finds the minor is a mature minor of sound mind who can manage his or her own affairs, including finances, and that emancipation will promote the best interests of the minor and family. No order may be entered if the minor objects; if a parent objects, the court may enter one only if it finds emancipation is in the minor's best interest. An emancipated minor can enter into valid contracts and has other rights the court orders, subject to age requirements in other laws; a partial emancipation gives only the rights listed in the order.

Question 31

Where can I get divorce papers and forms in Illinois?

Accepted Answer

The Illinois Supreme Court's approved statewide divorce forms, which all Illinois courts must accept, are posted free on the Illinois Courts website in two suites. Divorce With Children includes the Petition for Divorce with Children, Parenting Plan and Judgment of Dissolution of Marriage/Civil Union with Children; Divorce No Children Under 18 includes the Petition for Divorce and Judgment of Dissolution of Marriage/Civil Union. Both use the Divorce Summons, Divorce Appearance, and Motion and Order for Default, and each suite has step-by-step instructions. Forms can be e-filed after they are flattened, and Illinois Legal Aid Online offers a free guided interview (Easy Form) that fills out divorce forms from your answers.

Question 32

Who handles child support in Illinois, and how do I contact them?

Accepted Answer

The Illinois Department of Healthcare and Family Services (HFS), Child Support Services, is the state child support agency. Its eServices portal (eservices.epic.hfs.illinois.gov, using an ILogin account) lets parents view case status and payment history, upload documents, update contact information and receive notifications; the site also offers a child support calculator, modification requests, regional office information and a Make a Payment page. Customer service: 800-447-4278; email hfs.dcssconnect@illinois.gov.

Question 33

Is there an official child support calculator in Illinois?

Accepted Answer

The Illinois Department of Healthcare and Family Services (HFS), Division of Child Support Services, publishes the Illinois Child Support Estimator, "designed to provide a general idea of a child support amount based on the Illinois child support guidelines (750 ILCS 5/505)." HFS says it "is for informational purposes only," that your result "may not be the same amount that the Department or the court may establish," and that it "is not a guarantee of the amount of child support awarded."

Residency requirement	One spouse must have lived in Illinois, or been stationed in Illinois as a member of the armed services, for 90 days before the case is filed or before the court makes its finding. Source: 750 ILCS 5/401(a)
Grounds for divorce	Illinois is a no-fault state; the only ground is that irreconcilable differences have caused the irretrievable breakdown of the marriage and reconciliation has failed or would be impracticable. If the spouses have lived separate and apart for at least 6 continuous months before the judgment, the law conclusively presumes irreconcilable differences. Source: 750 ILCS 5/401(a), (a-5)
Waiting period	Illinois law sets no fixed waiting period after filing. However, the irreconcilable-differences ground is automatically proven only if the spouses have lived apart for 6 continuous months before judgment; otherwise it must be shown. The judgment is final when entered. Source: 750 ILCS 5/401(a-5), 5/413(a)
Filing fee	Filing fees are set by each county's Circuit Clerk, and the respondent may also have to pay a fee to file an appearance in some counties. Sheriff's fees for service are extra. If you cannot afford the fees, you can ask to file for free or at a reduced cost by filing an Application for Waiver of Court Fees; an Illinois sheriff must honor a fee waiver order. Fee waiver forms: ilcourts.info/fee-waiver-forms. Source: Illinois Courts, How to Get a Divorce with Children (statewide instructions)
Uncontested or simplified divorce	Illinois has a Joint Simplified Dissolution procedure. Both spouses must certify that: neither depends on the other for support (or both waive it) and both waive maintenance; residency and irreconcilable differences are met; no children were born or adopted during the marriage and the wife is not pregnant by the husband; the marriage lasted 8 years or less; neither owns real estate or retirement benefits (other than IRAs worth less than $10,000 combined); marital property is worth less than $50,000; combined gross income is under $60,000 and neither earns over $30,000; they have exchanged financial information and tax returns; and they have signed written agreements dividing assets over $100, debts, and any pets. Both must appear in court. Other agreed divorces are finished at a 'prove-up' hearing. Source: 750 ILCS 5/452, 5/453
Divorce forms	The Illinois Supreme Court's approved statewide divorce forms, which all Illinois courts must accept, are posted free on the Illinois Courts website in two suites. Divorce With Children includes the Petition for Divorce with Children, Parenting Plan and Judgment of Dissolution of Marriage/Civil Union with Children; Divorce No Children Under 18 includes the Petition for Divorce and Judgment of Dissolution of Marriage/Civil Union. Both use the Divorce Summons, Divorce Appearance, and Motion and Order for Default, and each suite has step-by-step instructions. Forms can be e-filed after they are flattened, and Illinois Legal Aid Online offers a free guided interview (Easy Form) that fills out divorce forms from your answers. Source: Illinois Courts, Approved Statewide Forms: Divorce, Child Support & Maintenance

Child custody	Illinois uses the terms 'allocation of parental responsibilities' (decision-making on education, health, religion and activities) and 'parenting time' instead of custody. Both are decided by the child's best interests. Both parents are presumed fit, and the court will not restrict parenting time unless it would seriously endanger the child. Factors include each parent's wishes, the child's wishes (taking into account the child's maturity), each parent's caretaking in the prior 24 months, the child's relationships and adjustment, health, distance between homes, violence or abuse, and each parent's willingness to support the child's relationship with the other parent. No specific age is set for the child's preference. Parents may submit an agreed parenting plan. Source: 750 ILCS 5/602.5, 5/602.7
Emergency and temporary custody	Before a final judgment, a court may order a temporary allocation of parental responsibilities (custody) in the child's best interests, after a hearing or, if no one objects, based on a parenting plan; it may also allow a temporary relocation of the child. Under the interstate custody law, an Illinois court has temporary emergency jurisdiction if the child is present in Illinois and has been abandoned, or emergency action is needed to protect the child because the child, a sibling or a parent is being mistreated or abused or threatened with it. Temporary orders (Sec. 603.5) are in the Illinois Marriage and Dissolution of Marriage Act full text linked under child_support_end_age. Source: 750 ILCS 5/603.5; 750 ILCS 36/204
Parenting class or mediation	The statewide divorce instructions say parents with minor children must complete a court-approved class about parenting and divorce; the Circuit Clerk can provide the name of the approved class. There is normally a fee, which is waived if you have a fee waiver order. By statute, the court may order parents to attend an educational program on the effects of divorce on children of up to 4 hours total. Source: Illinois Courts, How to Get a Divorce with Children; 750 ILCS 5/404.1
Grandparents' rights	Grandparents, great-grandparents, step-parents, and siblings of a child at least 1 year old may petition for visitation only if a parent has unreasonably denied visitation, causing the child undue mental, physical, or emotional harm, and one of these applies: the other parent is deceased or missing at least 90 days; a parent is legally incompetent; a parent has been jailed more than 90 days; the parents are divorced, legally separated, or in a pending custody case; or the parents never married and do not live together. A fit parent's decisions are presumed not harmful, and the petitioner must prove otherwise. Source: 750 ILCS 5/602.9

Child support	Since July 1, 2017, Illinois has used the Income Shares model: both parents' net incomes are combined, a schedule sets the basic support amount, and each parent pays their percentage share. If each parent has the child at least 146 overnights a year, a shared physical care calculation (basic amount times 1.5, offset between parents) applies. The Department of Healthcare and Family Services (HFS) publishes the guidelines, worksheets, and an online estimator. HFS Child Support Estimator: https://hfs.illinois.gov/childsupport/parents/childsupportestimator.html. An amendment to § 505 (P.A. 104-733) takes effect January 1, 2027. Source: 750 ILCS 5/505; Illinois HFS, Income Shares
How to apply for child support	Enroll with Illinois Child Support Services (CSS), part of the Department of Healthcare and Family Services (HFS). Enrollment is free and services are available at no cost to parents or caretakers of a minor child. If you do not have an open case, enroll online through the Child Support eServices portal ("How do I enroll for child support services" and then Enroll); CSS will notify you by email or letter when the case is opened or why it could not be. A closed case requires a new enrollment form. Help is available from the CSS Customer Service Call Center (TTY 1-800-526-5812) or a CSS regional office. CSS does not handle divorce, custody or visitation, or college-expense orders. Source: Illinois HFS, Child Support Services – Enroll for Services
When child support ends	Every support order must state a termination date, which can be no earlier than the child's 18th birthday. If the child will not graduate from high school until after turning 18, the termination date can be no earlier than the high school graduation date or the child's 19th birthday, whichever comes first. The termination date does not erase unpaid arrears, and an order can be ended earlier if the child is otherwise emancipated. Separately, a court may order support for a child of the parties who has reached majority and is mentally or physically disabled and not otherwise emancipated; the request can be made before or after the child turns 18. Courts can also order contributions to college or other post-high-school education expenses under a separate section. Amendments by P.A. 104-733 take effect January 1, 2027; the termination-date rule in § 505(g) reads the same in both versions. Source: 750 ILCS 5/505(g), 5/513, 5/513.5
Changing a child support order	A court can modify child support, for payments due after notice of the motion, upon a showing of a substantial change in circumstances. In cases receiving state child support enforcement services, an order can also be changed without showing a substantial change if at least 36 months have passed since it was entered or last modified and the guideline amount differs from the current order by at least 20% (and at least $10 a month), or if the child's health care needs must be addressed. Either parent or a guardian can petition the court or ask CSS for a free review; CSS cases are reviewed every three years and, as a rule, a 20% increase or decrease is required. Request a review by calling 888-245-1938 or using CSS's online modification form. Statute: https://ilga.gov/legislation/ILCS/details?MajorTopic=&Chapter=&ActName=Illinois+Marriage+and+Dissolution+of+Marriage+Act.&ActID=2086&ChapterID=59&SeqStart=&ChapAct=FullText&Print=True. Under the version effective January 1, 2027, incarceration or release after more than 180 consecutive days is also a ground for modification. Source: 750 ILCS 5/510(a); Illinois HFS, Request a Modification
If child support isn't paid	Once an order is entered, CSS issues an income withholding order to the paying parent's employer. If support is not paid, CSS remedies include tax refund offset, passport denial, denial or suspension of driver's, hunting, fishing and professional licenses, liens on bank accounts and property, and collection from unemployment insurance benefits. CSS also connects paying parents with employment and support programs to remove barriers to payment. Source: Illinois HFS, Child Support Services – Enroll for Services (What We Do)
State child support agency	The Illinois Department of Healthcare and Family Services (HFS), Child Support Services, is the state child support agency. Its eServices portal (eservices.epic.hfs.illinois.gov, using an ILogin account) lets parents view case status and payment history, upload documents, update contact information and receive notifications; the site also offers a child support calculator, modification requests, regional office information and a Make a Payment page. Customer service: 800-447-4278; email hfs.dcssconnect@illinois.gov. Source: Illinois Department of Healthcare and Family Services, Child Support Services
Official child support calculator	The Illinois Department of Healthcare and Family Services (HFS), Division of Child Support Services, publishes the Illinois Child Support Estimator, "designed to provide a general idea of a child support amount based on the Illinois child support guidelines (750 ILCS 5/505)." HFS says it "is for informational purposes only," that your result "may not be the same amount that the Department or the court may establish," and that it "is not a guarantee of the amount of child support awarded." Source: Illinois Department of Healthcare and Family Services, Illinois Child Support Estimator

Legal separation	Yes. A spouse living separate and apart may file for legal separation to get reasonable support and maintenance. The court cannot divide property in a legal separation unless the spouses submit a property settlement agreement, which becomes final and cannot be modified. A legal separation does not prevent either spouse from later filing for divorce. Source: 750 ILCS 5/402
Annulment	Illinois calls annulment a 'declaration of invalidity of marriage.' Grounds are: a party lacked capacity to consent (mental incapacity or the influence of alcohol or drugs) or was induced by force, duress, or fraud involving the essentials of marriage; a party cannot consummate the marriage and the other did not know; a party was 16 or 17 without parental or judicial consent; or the marriage is prohibited by law. Source: 750 ILCS 5/301
Common-law marriage	No. Common-law marriages entered into in Illinois after June 30, 1905 are invalid. Source: 750 ILCS 5/214
Changing your name after divorce	Unless the person asks otherwise, a divorce judgment (or declaration of invalidity) includes a provision allowing the person to resume a former or maiden name at any time. With that provision, no separate name change petition or publication notice is needed. Source: 750 ILCS 5/413(c)
Divorce records	The Illinois Department of Public Health (IDPH), Division of Vital Records, does not issue certified copies of divorce (dissolution of marriage) records; certified copies come from the circuit court clerk in the county where the divorce was granted. IDPH can verify the basic facts of a divorce from 1962 onward (names, dates of birth, date and city or county of the event) for $5, by mail, fax or in person; a verification is not a certified copy. Source: Illinois Department of Public Health, Dissolution of Marriage Records

Getting a marriage license	Both parties complete and sign the application on the state Department of Public Health form (name, address, Social Security number, birth date and place, prior marriages and how they ended, parents' names, and any relationship between them), both appear before the county clerk, and the license fee is paid. The clerk issues the license on satisfactory proof of age and that the marriage is not prohibited. The license takes effect one day after it is issued (unless a court orders it effective immediately), is effective in the county where issued, and expires 60 days after it becomes effective. The Act does not state the license fee amount. Fees are not set statewide in the Marriage and Dissolution of Marriage Act. Source: 750 ILCS 5/202, 5/203, 5/207
Minimum marriage age	Each party must be 18 when the license takes effect, or 16 or 17 with the consent of both parents or a guardian, or with judicial approval. If one parent cannot be located after diligent efforts, the other parent's consent plus an affidavit describing the search counts as both. A court may order a license for a 16- or 17-year-old who has no parent able to consent or whose parent will not consent, but only if it finds the minor can assume the responsibilities of marriage and the marriage is in the minor's best interest; pregnancy alone does not establish best interest. Source: 750 ILCS 5/203(1), 5/208
Legal name change	An Illinois resident files a petition, on the statewide standardized form approved by the Illinois Supreme Court, in the circuit court of the county where he or she lives; the petitioner must have lived in Illinois for three months by the time of the hearing or order. The petition states the current and new names, residence and time in Illinois, and whether the petitioner has unpardoned convictions or pending charges. People still serving a felony sentence generally may not file, and people required to register as sex, violent or arson offenders may file only for specified reasons. The former newspaper publication section (21-103) has been repealed. Source: 735 ILCS 5/21-101, 5/21-102, 5/21-103 (repealed)

Illinois Divorce Laws: Residency, Waiting Period, Custody and Support

Quick answers for Illinois

Filing for divorce

Property and alimony

Children: custody and support

Child support

Separation, annulment, records and marriage

Marriage and name changes

Adoption, guardianship and paternity

Where to get help in Illinois

Divorce & Family Law FAQ

More Illinois law

Adoption requirements	A reputable adult (or a minor with court permission) with no legal disability who has lived in Illinois for at least six months before filing (or a service member domiciled in Illinois for 90 days) may petition; a married or civil-union petitioner who has not lived apart from the spouse or partner for 12 months must adopt jointly with that person. The residency rule does not apply to related-child adoptions or placements by an Illinois-licensed agency, among others. Consents or surrenders are required unless the court finds a parent unfit by clear and convincing evidence or another exception applies, and a child 14 or older must consent. Within 10 days after filing to adopt an unrelated child, the court appoints an approved agency or other person to investigate the petitioners, including a fingerprint-based criminal background check. Source: 750 ILCS 50/2, 50/6, 50/8, 50/12
Stepparent adoption	A stepchild is a "related child" under the Adoption Act. The six-month Illinois residency requirement does not apply, and no court investigation is made in a related-child adoption unless the court orders one. A married stepparent adopts jointly with the spouse who is the child's parent. The other parent's consent or surrender is required unless the court finds that parent unfit by clear and convincing evidence or another statutory exception applies, and a child 14 or older must consent. Source: 750 ILCS 50/1 ("related child"), 50/2, 50/6(D), 50/8, 50/12
Guardianship of a child	On a petition or its own motion, the court may appoint a guardian of a minor's person, estate or both, as it finds to be in the minor's best interest. But the court has no jurisdiction to appoint a guardian if a living parent whose rights have not been terminated, whose whereabouts are known, is willing and able to make day-to-day child care decisions, unless that parent voluntarily gave up physical custody, does not object after notice, or consents in a notarized writing or in open court (or a similar statutory exception applies). A parent may also designate a guardian in a signed writing witnessed by two adults, including a will. Source: 755 ILCS 5/11-5
Guardianship of an adult	A reputable person, the adult, or the court on its own motion may start the case. The court may find a person to be a person with a disability only on clear and convincing evidence, and may then appoint a guardian of the person (if, because of the disability, the person lacks capacity to make or communicate responsible decisions about personal care), of the estate (if unable to manage finances), or both. Guardianship may be used only as necessary to promote the person's well-being, protect against neglect, exploitation or abuse, and encourage maximum self-reliance and independence, and only to the extent required by the person's actual limitations. Source: 755 ILCS 5/11a-3
Establishing paternity	Under the Illinois Parentage Act of 2015, the person who gave birth and an alleged genetic parent (or a presumed or intended parent) may sign a witnessed voluntary acknowledgment of parentage under penalty of perjury, as provided in the Vital Records Act. Once filed with the Department of Healthcare and Family Services, it is equivalent to a court judgment of parentage and can be used to seek child support. A signer may rescind it by filing a signed, witnessed rescission with the Department before the earlier of 60 days after it takes effect or a court or administrative proceeding about the child in which the signer is a party. After that, it can be challenged only for fraud, duress or material mistake of fact, by verified petition filed within two years. In a court case, the court must order DNA testing on a party's request, with limited exceptions. Source: 750 ILCS 46/301, 46/302, 46/305, 46/307, 46/309, 46/401
Emancipation of a minor	Under the Emancipation of Minors Act, a petition may be filed for a minor who is at least 16 (by the minor's next friend, parent or guardian) in the circuit court where the minor lives or is found. After a hearing, the court may declare the minor completely or partially emancipated if it finds the minor is a mature minor of sound mind who can manage his or her own affairs, including finances, and that emancipation will promote the best interests of the minor and family. No order may be entered if the minor objects; if a parent objects, the court may enter one only if it finds emancipation is in the minor's best interest. An emancipated minor can enter into valid contracts and has other rights the court orders, subject to age requirements in other laws; a partial emancipation gives only the rights listed in the order. Source: 750 ILCS 30/2, 30/3-1, 30/3-2, 30/4, 30/5, 30/9