Illinois: divorce rules by state
How long you must live in a state before filing for divorce, how long you wait after filing, and any separation the state requires.
| Residency requirement | 90 days (one spouse) |
|---|---|
| Residency law | 750 ILCS 5/401 |
| Waiting period after filing | None |
| Separation required (no-fault divorce) | None (since 2016) |
General information only, not legal, insurance or financial advice. Not affiliated with any government agency. Exceptions can apply. Confirm with the state agency, the court or a licensed professional in Illinois.
Also for Illinois: Car insurance by state in Illinois · Discrimination deadlines in Illinois · Workers' comp deadlines in Illinois · Small estate limits in Illinois · Small claims limits in Illinois · Homestead exemptions in Illinois · Claim deadlines in Illinois · Paid leave programs in Illinois · DUI penalties in Illinois · Medicaid long-term care in Illinois
How we checked this
Residency rules come from a statute-cited 50-state chart and were compared with two other 50-state tables. Disputed states were checked on the state's own code. Last checked: November 12, 2026. Laws change; confirm with the state agency or a licensed professional before acting.
Cross-checked sources agree Checked on official source confirmed on a government, court or legislature site From a statute-cited table one detailed source Under review sources disagree; read the note and the law.