Divorce (the action or instance of legally dissolving a marriage) in Illinois is referred to as Dissolution of Marriage.  In order to file for a Dissolution of Marriage in Illinois, one of the spouses must be a resident of Illinois for at least 90 days and must meet jurisdictional requirements.

Grounds for divorce in Illinois are now irreconcilable differences, specifically defined as, “causing the irretrievable breakdown of the marriage and the court determines that efforts at reconciliation have failed or that future attempts at reconciliation would be impracticable and not in the best interests of the family.”

Furthermore, if the parties live separate and apart for a continuous period of not less than 6 months immediately preceding the entry of the judgment dissolving the marriage, there is an irrefutable presumption that the requirement of irreconcilable differences has been met.

In obtaining the final Judgment for Dissolution of Marriage, it shall not be entered unless the court has jurisdiction and has considered, approved, reserved or made provision for the allocation of parental responsibilities, the support of any child of the marriage entitled to support, the maintenance of either spouse and the disposition of property. The court shall enter the Judgment for Dissolution of Marriage that reserves any of these issues either by agreement of the parties or motion of either party that the court finds appropriate circumstances exist.