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Property Division Laws in Chicago, IL

Learn how marital assets are divided in Chicago, IL — community property or equitable distribution. Illinois follows equitable distribution.

Property Type

Equitable

Filing Fee

$210–$340

Median Cost

$11,000–$48,000

Annual Divorces

42,000+

Understanding Property Division in Chicago, IL

Illinois is an equitable distribution state. Courts divide marital property in a manner they consider fair, which may not be equal. Factors include length of marriage, each spouse's earning capacity, and contributions to the marital estate.

The median cost of an uncontested divorce in Chicago, IL is approximately $11,000. Contested divorces involving significant financial disputes average $48,000. These figures include attorney fees, filing fees ($210–$340), and related costs.

Under 750 ILCS 5/401, Illinois courts consider the standard of living established during the marriage, each spouse’s income and earning potential, the duration of the marriage, and each party’s contributions — including homemaking and child-rearing.

In Chicago (Cook County), local court procedures may include mandatory mediation or financial disclosure requirements specific to the county. Contact the Cook County Family Court for local rules.

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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 property division in Chicago, IL and is not legal advice. Verify current statutes with 750 ILCS 5/401 or consult a licensed Illinois attorney. Last reviewed March 2026.