Looking for Illinois’s rules on marriage, divorce, child custody, and child support? Want to find Illinois’s state court forms and instructions and local court websites? Here’s where to start. For a wide range of other articles on family law in Illinois, see the Resources by State section on this site.
Marriage Rules in Illinois
Requirements: No blood test required. You must be of the age of consent, not be too closely related to your intended spouse, not be married to anyone else, and have sufficient mental capacity, meaning you understand what you are doing when you marry. You can marry one day after your marriage license is issued, and your license is good for 60 days. For more details, check your county clerk’s office.
Common law marriage: No.
Community property: No.
Same-sex marriage: No. However, same-sex couples can enter into civil unions with the rights and responsibilities of marriage under Illinois state law.
Illinois Divorce Rules
Grounds for divorce: Fault or no-fault grounds are allowed, or you can base your divorce on the fact that you’ve been separated from your spouse for at least two years (six months if both parties agree).
Residency requirement: At least one spouse must be a resident of Illinois for 90 days before filing for divorce.
How property is divided: Equitable division.
Child Custody Rules in Illinois
Child custody guidelines: Illinois courts begin with a presumption that it’s best for a child to have frequent and continuing contact with both parents after a divorce. If possible, judges want to support joint custody arrangements.
Illinois Child Support Rules
Child support guidelines: Illinois requires all parents to support their children. The amount of child support depends primarily on each parent’s income and other resources and how much time each parent spends with the children.
Child support calculators to determine state guidelines: www.alllaw.com/calculators/childsupport/illinois.
State child support enforcement agency: Child Support Services, www.childsupportillinois.com.
Illinois Courts and Other Family Law Resources
Illinois court information and family law forms: www.state.il.us/court.
Family services section of Illinois website: www.state.il.us/dcfs.
