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Legal Separation in Illinois

How legal separation differs from divorce in Illinois. Process, rights, and when to choose it. Illinois follows equitable distribution.

Property Type

Equitable

Filing Fee

$210–$340

Median Cost

$11,000–$48,000

Annual Divorces

42,000+

Understanding Legal Separation in Illinois

To file for divorce in Illinois, you must meet Illinois’s residency requirement of 90 days. The filing fee is $210–$340. There is no mandatory waiting period, which can expedite uncontested cases.

Illinois only allows no-fault divorce. You file on the grounds of irreconcilable differences or irretrievable breakdown of the marriage.

An uncontested divorce in Illinois typically costs $11,000 and takes 2–4 months. Contested cases average $48,000 and can take 12–18 months or longer. The governing statute is 750 ILCS 5/401.

Common Questions

How long do you have to live in Illinois to file for divorce?
Illinois requires 90 days of residency before you can file for divorce. 750 ILCS 5/401 governs the filing requirements.
Is Illinois a community property or equitable distribution state?
Illinois follows equitable distribution rules, meaning the court divides marital assets fairly but not necessarily equally.
How much does a divorce cost in Illinois?
Filing fees in Illinois range from $210–$340. The median total cost is approximately $11,000 for uncontested divorces and $48,000 for contested cases.
How long does a divorce take in Illinois?
Illinois has a mandatory waiting period of no mandatory waiting period. Uncontested divorces typically finalize in 2–4 months, while contested cases can take 12–18 months or longer.
How is child support calculated in Illinois?
Illinois uses the Income Shares model, based on both parents' combined income. The formula considers both parents' incomes, number of children, health insurance costs, and childcare expenses.

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Related Resources

This page provides general information about legal separation in Illinois and is not legal advice. Verify current statutes with 750 ILCS 5/401 or consult a licensed Illinois attorney. Last reviewed March 2026.