Illinois · Divorce and family law

Illinois Divorce Waiting Period, Residency, and Child Support Rules

No separate post-filing statutory waiting period is identified; the six-month separation language is an irretrievable-breakdown presumption, not a post-filing cooling-off deadline.

4 rules checked against governing sourcesSources checked through Jul 3, 2026Inspect the coverage gate

Answer first, sources attached

Four state rules to check first

The filing timeline and support method can change by state and by the facts. Start with the governing reference points, then confirm the current court procedure.

Timeline

Waiting period and finality

No separate post-filing statutory waiting period is identified; the six-month separation language is an irretrievable-breakdown presumption, not a post-filing cooling-off deadline.

750 ILCS 5/401(a), (a-5).

Verified Jul 3, 2026 · Next review by Jul 3, 2027

Filing jurisdiction

Residency requirement

One spouse must be a resident or stationed in Illinois for 90 days before the judgment is entered.

750 ILCS 5/401(a).

Verified Jul 3, 2026 · Next review by Jul 3, 2027

Published framework

Child support guideline

Illinois child support uses income shares guidelines and schedule under Sec. 505.

750 ILCS 5/505.

Verified Jul 3, 2026 · Next review by Jul 3, 2027

Adjustments and inputs

Child support methodology

Income shares model using both parents' net income, health insurance, childcare, parenting time, and statutory deviations.

750 ILCS 5/505.

Verified Jul 3, 2026 · Next review by Jul 3, 2027

What changes the answer

The statewide rule is the starting point

  • Service and filing postureA waiting period may run from filing, service, appearance, or another event.
  • County and venueState residency and the correct county are separate questions.
  • Parenting time and incomeSupport calculations can turn on custody time, income definitions, credits, and deviations.
  • Current forms and local rulesCourt forms, scheduling, and required disclosures can change the practical workflow.

For family law attorneys

Carry the rule into intake, disclosures, and support work

DocketBuddy keeps the governing reference beside the facts, deadlines, financial records, and attorney-reviewable calculations that depend on it.

This page reports source-linked state rules and review dates. It does not calculate a deadline, determine eligibility, select a procedure, value a claim, or apply law to an individual situation. Verify the cited authority, local procedure, and current law before relying on a rule.