Law Offices of Anthony R. Scifo – Divorce Lawyer – Call 847-628-8311

The experience of divorce is, for many people, not an easy one. If you’re a resident of Illinois, it’s beneficial to gain an awareness the state’s divorce laws before starting the process. There are some eligibility requirements to file for a divorce. Generally, you’ll need to have grounds for a divorce, which can range from felony conviction to adultery. Furthermore, the courts in Illinois divide up marital properties in way it deems to be fair. This does not necessarily mean a 50/50 split.



To be eligible to file for a divorce in the state of Illinois, you must have been a resident for a minimum of 90 days. The person who files can do so at the circuit court within the county where either spouse lives.

In general, Illinois residents need what’s known as fault-based grounds to obtain a divorce. This basically means that a spouse must have a specific reason to dissolve the marriage. Some of the most common grounds include:

-Bigamy or adultery.
-Abandonment for a minimum of one year.
-Conviction of a felony.
-Excessive alcohol or drug abuse for two years or more.
-Extreme and recurring physical and mental cruelty.

In most situations, a spouse may file for a divorce when the couple has lived apart for a minimum of two years and their attempts to reconcile failed. After a spouse establishes valid grounds to file, he or she can proceed and deliver a “Petition for Dissolution of Marriage” to the other spouse. That spouse – the defendant – then has 30 days to respond.

If you are considering a divorce in Illinois, it’s in your best interests to speak with a seasoned lawyer. Contact our law offices in Elgin today for a free consultation with a lawyer at 847-628-8311.