How Do You File for Divorce in Illinois If You Have Kids and a House?

A question we often hear is: “I want to file for divorce in Illinois, with children and a jointly owned home. What does that look like—what are residency requirements, how do they divide property, who keeps the house, what about custody?”

Divorce Basics in Illinois

• Residency requirement

  • Either spouse must have lived in Illinois for at least 90 days before filing.

• Grounds

  • Illinois is a no-fault divorce state; “irreconcilable differences” is enough.

• Where to file

  • Generally in the county where either spouse resides—Cook County (Chicago), Sangamon County (Springfield), DuPage (Naperville), Winnebago (Rockford), Peoria County, etc.

• Process overview

  • Petition filed → service/response → financial disclosures → temporary orders if needed → negotiation/mediation → final judgment of dissolution.

Do You Need a Lawyer to Get a Divorce in Illinois?

• Not required, but strongly recommended when:

  • You own a home together.

  • Custody (parental responsibilities) and parenting time are in dispute.

  • There are questions of spousal maintenance (alimony) or retirement assets.

• How a lawyer/mediator helps

  • Drafting and submitting legally sound parenting plans.

  • Handling real estate valuation and structuring buy-outs or sales.

  • Ensuring fair disclosure of debts, pensions, 401(k)s, and other marital assets.

  • Guiding negotiations to minimize conflict and court time.

How Much Does It Cost to Get a Divorce in Illinois?

• Court & service fees

  • Vary by county, but expect filing fees and process server costs.

• Professional fees

  • Attorneys may charge hourly or offer flat fees for uncontested cases.

  • Appraisals/valuations for the home or other assets.

  • Mediator fees if you choose collaborative or mediated divorce.

• Other possible costs

  • Parenting classes (required in many Illinois counties when children are involved).

  • Guardian ad litem fees if custody is highly contested.

What About the House & Property Division for Divorce in Illinois?

• Equitable distribution

  • Illinois uses equitable (fair) distribution, which doesn’t always mean 50/50.

• Marital vs. non-marital property

  • Marital: assets and debts acquired during the marriage (house, mortgages, cars, savings).

  • Non-marital: property owned before marriage, gifts, inheritances. However, if commingled with marital funds, it may become marital in part.

• Factors courts consider

  • Contributions by each spouse (financial and as a homemaker).

  • Length of the marriage.

  • Custodial arrangements for children (judges often consider if the children should stay in the home for stability).

  • Economic circumstances of each spouse.

• House options

  • Sell and split proceeds.

  • One spouse buys out the other’s equity share.

  • Court awards one spouse the home, often the custodial parent, offset by other assets.

Custody, Parenting Time & Child Support for Divorce in Illinois

• Best interests of the child standard

  • Courts weigh stability, caregiving history, each parent’s involvement, and the child’s relationship with each parent.

• Parenting responsibilities

  • Illinois law separates decision-making authority (education, health, religion, extracurriculars) from parenting time (where the child lives).

• Parenting plans

  • Parents can submit an agreed plan, or the court will create one if no agreement is reached.

• Child support

  • Based on Illinois’ income shares model, factoring in both parents’ income, number of children, and parenting time.

• Modifications

  • Custody/parenting time and support orders can be modified if there’s a substantial change in circumstances (job loss, relocation, health changes).

Things You Must Know About Getting Divorced in Illinois!

• Joint ownership doesn’t guarantee keeping the house—a court may assign it to one spouse while offsetting with other assets.

• Spousal maintenance may apply, especially in longer marriages or when one spouse left the workforce for caregiving.

• Ongoing costs matter: who pays mortgage, taxes, utilities, and insurance during separation is often disputed.

• Documentation is key: appraisals, mortgage statements, repair receipts, and proof of contributions all help.

• Temporary arrangements set tone: early custody and home use decisions can influence the final judgment.

A Gentle Reminder About Divorce in Illinois

This post is for educational purposes only and is not legal advice. Illinois divorce law has particular complexities, and outcomes vary from Chicago to Springfield to smaller counties. Please consult a qualified attorney or mediator before making decisions.

At Fresh Starts, you can search our Expert Guide by state to find Illinois divorce attorneys, mediators, financial experts, and child custody professionals who can help you make informed decisions about your kids, your home, and your future.