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Facing Divorce, a Parenting-Time Fight, or an Order of Protection in Illinois?

If your marriage is ending, your kids' future is on the line, or you need protection tonight, the questions hit fast: Do I need a reason to divorce? Will we split everything 50/50? When can I see my children? In Illinois the answers aren't what most people assume — there's no fault grounds anymore, no automatic even split, and the words 'custody' and 'visitation' don't even exist in the statute. You don't have to guess. Call our free hotline any hour and an AI assistant trained on Illinois family law and federal law will walk you through exactly how the Illinois Marriage and Dissolution of Marriage Act applies to your situation. It's free legal information, not legal advice, and it creates no attorney-client relationship. Call 1-844-690-0555.

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Free legal information. Not legal advice. Available 24/7 across Illinois.

Family Law in Illinois — what to do right now

If you are in immediate danger, call 911, then the 24/7 Illinois Domestic Violence Helpline at 1-877-863-6338 (877-TO END DV), which answers in 240+ languages. If you need court protection, you can petition for an Emergency Order of Protection at your county circuit clerk's office the same day, with no filing or service fee and without a lawyer, using the Illinois Courts' standardized Order of Protection forms. For everything else — divorce, parenting time, property, support — write down your single most pressing question, then call us free at 1-844-690-0555. We'll tell you which Illinois statute and which division of your local Circuit Court governs your next move, before you spend a dollar on a lawyer.


The law in Illinois: Family Law

Illinois family law runs almost entirely through one statute: the Illinois Marriage and Dissolution of Marriage Act, or IMDMA (750 ILCS 5/). Since January 1, 2016, Illinois has been a pure no-fault state — the only ground for divorce is irreconcilable differences (750 ILCS 5/401). Adultery, cruelty, and the other old fault grounds were abolished entirely, and they no longer affect the divorce. You or your spouse must have been an Illinois resident for 90 days before a judgment can be entered. If the parties live separate and apart for a continuous six months before judgment, the law treats irreconcilable differences as conclusively proven (an irrebuttable presumption) — and 'separate and apart' can mean under the same roof. That six-month wait only bites when the divorce is contested; if you both agree, there is no waiting period.

Every divorce, parenting, support, and property case is heard in the Domestic Relations or Family Division of your county's Circuit Court — the trial court. There is no separate 'family court' system in Illinois. The state has 25 judicial circuits; large counties run dedicated divisions (Cook County's Domestic Relations Division, DuPage in the 18th Circuit, Lake County's 19th Circuit Family Division). You file your petition, parenting plan, and any order-of-protection petition with the Circuit Clerk in a county where one of the spouses lives.

Property is divided by equitable distribution, not community property (750 ILCS 5/503). That is the single biggest misunderstanding: Illinois does not split the marital estate 50/50. The judge first separates marital from non-marital property — gifts and inheritances to one spouse normally stay that spouse's if they were kept separate and not commingled — then divides the marital portion 'in just proportions' using the statute's enumerated factors. A spouse who wasted, or 'dissipated,' marital money can be charged back its value.

Money and children are formula-driven. Maintenance (alimony) under 750 ILCS 5/504 uses a guideline formula when the parties' combined gross income is under $500,000. Child support under 750 ILCS 5/505 uses the 'Income Shares' model, built on both parents' net incomes and a state schedule the Department of Healthcare and Family Services last revised effective March 5, 2025. And critically, Illinois no longer uses the words 'custody' or 'visitation' — the IMDMA now allocates 'parental responsibilities' (decision-making, 750 ILCS 5/602.5) and 'parenting time' (750 ILCS 5/602.7) under a best-interest standard, with a mandatory parenting plan. Our hotline can explain any of these in plain English, free, before you call a lawyer.

Key Statutes (IMDMA & related)

  • 750 ILCS 5/401 — Grounds: irreconcilable differences only; 90-day residency; 6-month separation = irrebuttable presumption
  • 750 ILCS 5/503 — Equitable division of marital property (not 50/50); dissipation; non-marital carve-outs
  • 750 ILCS 5/504 — Maintenance (alimony) guideline formula and duration multipliers
  • 750 ILCS 5/505 — Child support under the Income Shares model
  • 750 ILCS 5/602.5 & 602.7 — Allocation of parental responsibilities and parenting time
  • 750 ILCS 5/602.10 — Mandatory parenting plan, due within 120 days
  • 750 ILCS 60/ — Illinois Domestic Violence Act of 1986 (orders of protection)

Courts & Agencies

  • Circuit Court — Domestic Relations / Family Division (the only court for divorce, parenting, support, property)
  • Circuit Clerk's office — where petitions, parenting plans and OP petitions are e-filed
  • Cook County Domestic Violence Courthouse (555 W. Harrison) — dedicated venue for orders of protection
  • Illinois Dept. of Healthcare and Family Services (HFS), Division of Child Support Services — support setup and enforcement
  • Illinois Appellate Court, then Illinois Supreme Court — appeals from final dissolution judgments

Key Deadlines & Outcomes

  • 90 days — Illinois residency required before a divorce judgment can be entered
  • 6 months — separate-and-apart period that conclusively proves grounds (matters only if contested; waivable by agreement)
  • 120 days — deadline to file a proposed parenting plan after a petition for allocation of parental responsibilities (750 ILCS 5/602.10)
  • 14–21 days — life of an Emergency Order of Protection; you must return for the plenary hearing
  • 30 days — deadline to appeal a final dissolution judgment

Illinois doesn't split everything 50/50 — and 'custody' no longer exists

Two facts blindside almost every Illinois spouse. First, Illinois is an equitable-distribution state, not community property: under 750 ILCS 5/503 the judge divides the marital estate 'in just proportions' by the statute's fairness factors, so an even split is never guaranteed, and a spouse who drained accounts can be charged back the loss. Second, since 2016 the words 'custody' and 'visitation' are gone from Illinois law — you now allocate 'parental responsibilities' and 'parenting time,' and each parent must file a proposed parenting plan within 120 days (750 ILCS 5/602.10). Walk in expecting an automatic 50/50 split and a 'custody battle' and you're arguing the wrong case under the wrong words. Before you assume anything, call us free at 1-844-690-0555 and we'll explain how these rules actually land on your facts.


Likely outcomes & penalties

Family law deals in orders and outcomes, not jail time. Here is the realistic Illinois range for the four things people ask about most.
Property division (750 ILCS 5/503)
Equitable, not equal. Marital property is split 'in just proportions' by the statutory factors; non-marital gifts and inheritances usually stay with their owner if kept separate and not commingled; dissipated assets can be charged back.
Maintenance / alimony (750 ILCS 5/504)
Guideline (combined gross under $500k): 33⅓% of the payor's net income minus 25% of the payee's net, capped so the payee's total stays at or below 40% of the parties' combined net income. Above $500k, it's judicial discretion.
Maintenance duration (750 ILCS 5/504)
Marriage length × a statutory multiplier — roughly 0.20 for marriages under 5 years rising to 0.80 for 15–20 years. For marriages of 20+ years a court may order maintenance for the length of the marriage or indefinitely.
Orders of protection (750 ILCS 60/)
An Emergency OP is issued ex parte, often the same day, and lasts 14–21 days; a Plenary OP can run up to 2 years and is renewable with no cap on renewals. Violating an OP is a crime — usually a Class A misdemeanor, and a felony on aggravated or repeat facts.

Mistakes to avoid

⚠️
Assuming Illinois splits everything 50/50. It's an equitable-distribution state under 750 ILCS 5/503 — 'just proportions' by the statutory factors — so banking on an even split (or on keeping 'your' paycheck account) can leave you badly short.
⚠️
Looking for a fault 'reason' to divorce, or thinking your spouse can block it. Since 2016 the only ground is irreconcilable differences (750 ILCS 5/401); one spouse cannot stop a divorce, and a contested case simply triggers the six-month separate-and-apart period.
⚠️
Treating an Emergency Order of Protection as permanent. An EOP lasts only 14–21 days — if you don't come back for the plenary hearing, your protection lapses and you start over.
⚠️
Missing the 120-day parenting-plan deadline (750 ILCS 5/602.10). If you don't file your proposed plan in time, the court may hold an evidentiary hearing and allocate decision-making and parenting time without your plan on the table.
⚠️
Waiting to file for a support change. Modification needs a 'substantial change in circumstances' (750 ILCS 5/510), and relief is not retroactive before you actually file — arrears keep accruing. Under Public Act 103-967 (effective Jan. 1, 2025), maintenance now even keeps accruing while a payor is incarcerated.

How it works

1
Call the free hotline. Dial 1-844-690-0555 from anywhere in Illinois, 24/7. No income test, no web form, no waiting room. It's free legal information, not legal advice, and it creates no attorney-client relationship.
2
Talk to an AI assistant trained on Illinois + federal law. Explain your situation in plain words — divorce, property, parenting time, support, or a protection order. The assistant walks you through the relevant IMDMA section (750 ILCS 5/), which division of your Circuit Court handles it, and your real deadlines, in your own language including Spanish where relevant.
3
Get matched with an Illinois family law attorney if you want one. If your matter needs a lawyer, we can help you book a paid consultation with an Illinois-licensed family law attorney. US online booking isn't live yet, so we arrange it right on the call — no obligation, and you'll know what to expect first.

Free & low-cost Family Law help in Illinois

If money is tight, Illinois has real, free family-law help — from same-day domestic-violence support to statewide self-help forms. These are independent organizations, not Legal Hotline, and not a substitute for talking through your own situation on our free line.

Free, confidential, 24/7 in 240+ languages — the fastest route to safety planning and order-of-protection help. Call 1-877-863-6338 (877-TO END DV); TTY 1-877-863-6339.
The statewide self-help hub: plain-language guides and guided interviews that build your divorce, parenting-plan and order-of-protection court forms for free.
The official statewide standardized OP petition suite. There are no filing or service fees for an order of protection, and the forms are designed to let petitioners file without a lawyer.
Apply for or enforce child support and use the official free Income Shares estimator to project a 750 ILCS 5/505 support figure before you go to court.
Free civil legal aid, including family law and domestic violence, across 36 counties of northern and central Illinois, with offices in Rockford, Waukegan, Joliet, Peoria, Bloomington and more.
Chicago/Cook County legal-aid hotline offering same-day phone advice on family and other civil matters. Call 312-738-9200.
Free civil legal services, including family law, for low-income and senior residents across central and southern Illinois, including the Metro East area.

FAQ — Family Law in Illinois

Do I need a reason to divorce in Illinois?

No. Since January 1, 2016 Illinois has only one ground — irreconcilable differences (750 ILCS 5/401). Fault grounds like adultery or cruelty were abolished, and they no longer affect the divorce itself. You just have to show the marriage has irretrievably broken down. Want to know how that plays out in your case? Call us free at 1-844-690-0555.

Can my spouse stop me from getting divorced?

No. Because Illinois is pure no-fault, one spouse cannot block a divorce. If your spouse refuses to cooperate, the case is 'contested,' which means you generally need to show you've lived 'separate and apart' for six months — and that can even be under one roof — but the divorce still proceeds. Call 1-844-690-0555 and we'll explain the contested timeline for free.

Will everything be split 50/50 in my Illinois divorce?

Not necessarily. Illinois is an equitable-distribution state, not community property. Under 750 ILCS 5/503 a judge divides only the marital estate, 'in just proportions' using the statutory factors — not automatically in half. Gifts and inheritances to you usually stay yours if you kept them separate. For how the factors apply to your assets, call us free at 1-844-690-0555.

How long do I have to live in Illinois before I can divorce here?

You (or your spouse) must have been an Illinois resident for 90 days before a judge can enter the divorce judgment; members of the armed forces stationed here qualify too. You file in the Circuit Court of a county where one of the spouses lives. Not sure you meet the residency rule? Call 1-844-690-0555 for free information.

How is alimony (maintenance) calculated in Illinois?

When the parties' combined gross income is under $500,000, Illinois uses a guideline formula: 33⅓% of the payor's net income minus 25% of the payee's net, capped so the recipient's total doesn't exceed 40% of the combined net income (750 ILCS 5/504). Duration scales with how long you were married. Above $500k, it's judicial discretion. Call 1-844-690-0555 to walk through your numbers free.

How does child support work in Illinois?

Illinois uses the 'Income Shares' model under 750 ILCS 5/505: both parents' net incomes go into a state schedule (last revised effective March 5, 2025) to set a combined support obligation, which is then divided between the parents in proportion to income. HFS runs a free official estimator. For help reading your estimate, call us free at 1-844-690-0555.

What happened to 'custody' and 'visitation' in Illinois?

They're gone from the statute. Since 2016 Illinois allocates 'parental responsibilities' — the decision-making power (750 ILCS 5/602.5) — and 'parenting time' (750 ILCS 5/602.7), both judged by the child's best interests. Each parent must file a proposed parenting plan within 120 days (750 ILCS 5/602.10). To understand what that means for seeing your kids, call 1-844-690-0555 free.

How do I get an emergency order of protection in Illinois?

You can file a petition at your county circuit clerk's office the same day, with no filing or service fee, and a judge can issue an Emergency Order of Protection ex parte (without the other person present) under the Illinois Domestic Violence Act (750 ILCS 60/). It lasts 14–21 days, so you must return for the plenary hearing. In danger now? Call 911, then the 24/7 helpline at 1-877-863-6338, then us at 1-844-690-0555.

How long does an order of protection last in Illinois?

An Emergency Order of Protection lasts only 14–21 days and is meant as a stopgap. To get lasting protection you must appear at the plenary hearing, where a judge can grant a Plenary Order of Protection for up to two years — renewable, with no cap on renewals. Violating an order of protection is a criminal offense. We can explain the steps for free — call 1-844-690-0555.

Can I change a child support or maintenance order after divorce?

Yes, but only if you show a 'substantial change in circumstances' (750 ILCS 5/510), and relief is not retroactive — arrears keep accruing until you actually file the petition. Under Public Act 103-967 (effective Jan. 1, 2025), maintenance now even keeps accruing while a payor is incarcerated, so the obligation doesn't just pause. Don't wait — call 1-844-690-0555 first for free information on whether you qualify.

Which Illinois court handles my divorce or parenting case?

All of it — divorce, property, support, parenting time, and orders of protection — is heard in the Domestic Relations or Family Division of your county's Circuit Court. There's no separate 'family court' in Illinois, and large counties like Cook, DuPage and Lake run dedicated divisions. We can tell you which division and clerk's office fits your county for free — call 1-844-690-0555.

Is this free hotline the same as hiring a lawyer?

No. Legal Hotline is not a law firm and not a public defender, and we give legal information, not legal advice, so the call creates no attorney-client relationship. We help you understand Illinois family law and your options, and if you want a lawyer, we can help you book a paid consultation with an Illinois-licensed family attorney. Start free at 1-844-690-0555.


Illinois family law attorneys: join our referral network

Are you an Illinois-licensed family law attorney handling divorce, allocation of parental responsibilities, support, or orders of protection across Cook, DuPage, Lake, Will, Kane or a downstate circuit? We connect Illinois callers who need representation with vetted local attorneys. If you'd like to receive client referrals from this hotline, get in touch to join our network. (This is a path for attorneys only — callers seeking help should dial 1-844-690-0555.)

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Reviewed by the Legal Hotline Editorial Team.

General legal information, not legal advice. We research every page from primary sources — legislation, the courts, and government legal-aid bodies — and check it for accuracy. Spotted something out of date? Tell us at admin@platfirm.ai.

Divorce, parenting time, or safety on the line? Get clear answers tonight.

You don't have to face an Illinois family court matter confused and alone, and you don't have to spend a cent to understand it. Call 1-844-690-0555 now — free, 24/7 — and an AI assistant trained on Illinois family law and federal law will explain exactly where you stand and what to do next. It's legal information, not legal advice, and creates no attorney-client relationship — just a clear first step, any hour of the day or night.

Free legal information. Not legal advice.

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