Leaving an abusive relationship is never easy. Fear, safety concerns, and family responsibilities can take over and make the process overwhelming. For many survivors of domestic violence, the thought of divorce may feel like one more hurdle. At the North Suburban Legal Aid Clinic (NSLAC), we understand these challenges, and we’re here to help.  

While NSLAC does not typically represent clients in divorce cases, we carefully consider situations on a case-by-case basis when domestic violence is involved and may represent directly or connect survivors with trusted partners. Our priority is ensuring that survivors have access to safe, reliable, and compassionate legal guidance. 

If you or someone you know needs legal support, NSLAC provides trusted, confidential, free legal representation and guidance to qualifying survivors in divorce, and paternity cases when domestic violence is present. 

Divorce in Illinois: The Background 

Illinois is a no-fault state, which means you don’t have to prove abuse or wrongdoing to get divorced. The only legal ground is an irretrievable breakdown (often referred to as “irreconcilable differences”) of the marriage, meaning that the relationship cannot be repaired.  

To show that an irretrievable breakdown has occurred, Illinois law generally requires one of the following: 

• The spouses have been separated for at least six months (either in separate households or while living apart under the same roof), or 

• One or both spouses state that the marriage is beyond repair, that all efforts at reconciliation have failed, and that future attempts would not be in the best interest of the family. 

This is different from some other states, where survivors may face the added burden of proving abuse before being able to move forward on their journey to safety and security. 

 What to Expect in the Divorce Process in Illinois 

The divorce legal process is made up of several steps. While every case is unique, most follow a similar path in Illinois. Understanding what happens at each stage can help survivors feel more prepared and supported. Below are the key steps you can expect when moving through the Illinois divorce process.

1. Filing a Petition

A divorce begins when one spouse (the “petitioner”) files a Petition for Dissolution of Marriage in the county where either spouse lives. At least one spouse must have lived in Illinois for 90 days before filing.

2. Serving the Spouse

This petition must be formally delivered (called “service”) to the other spouse (the “respondent”). Service must be handled by law enforcement, like a sheriff, or another authorized party. You should never attempt to serve the respondent yourself.

3. Temporary Relief and Protection

While the case is pending, survivors can ask the court for temporary orders, such as: 

• An Order of Protection requiring the abuser to leave the home or stay away 

• Temporary allocation of parental responsibilities and parenting time (formerly custody and visitation) 

• Temporary child support or spousal maintenance 

These protections can help survivors and children remain safe and stable during the waiting period.

4. Discovery

During the discovery period, both spouses exchange financial and property information so the court can make fair decisions about assets, debts, and support. Survivors can also present evidence of abuse to show how it affected their ability to work, save, or contribute financially during the marriage. 

While survivors don’t need to prove abuse to initiate the divorce, presenting evidence of domestic violence during discovery can be critical in shaping the outcome. Judges may consider this evidence when deciding parental responsibilities (custody), parenting time (visitation), property division, or spousal maintenance. Examples of evidence include police reports, medical records, texts, emails, or testimony.

5. Settlement or Trial

Because going to trial can be costly and time-consuming, many divorces are resolved through settlement or mediation, where both spouses reach an agreement on issues like custody, property, and support. For those concerned about legal costs, organizations like NSLAC and other legal aid or domestic violence nonprofits may be able to provide legal assistance at no cost, helping survivors focus on safety and stability rather than expense. 

If an agreement cannot be reached, the case moves to trial. At trial, a judge reviews the evidence, including any history of domestic violence, before making final decisions about custody, property division, and financial support. The judge’s goal is to reach an outcome that is fair and, when children are involved, protects their best interests.

6. Final Judgment

Once all issues are resolved, the court issues a Final Judgment of Dissolution of Marriage. This document finalizes the divorce and sets out parental responsibility, parental time, support, property division, and any protective measures. 

Can I File an Order of Protection During a Divorce? 

Yes. Survivors don’t need to wait for their divorce to be finalized to seek safety. An Order of Protection can be filed at any point. This court order, signed by a judge, places restrictions on the abuser, such as requiring them to leave the home or prohibiting contact. 

How Domestic Violence Impacts Divorce Outcomes 

Domestic violence may affect how courts decide: 

• Property and Debt: Illinois uses equitable distribution, which means assets and debts are divided fairly, not necessarily equally. Abuse that prevented a survivor from working or saving money may be considered. 

• Spousal Maintenance (Alimony): Maintenance supports a spouse who cannot be financially independent. If abuse limited a survivor’s ability to earn or be self-supporting, a judge may grant maintenance. 

• Parental Responsibilities (Custody) and Parenting Time (Visitation): The court’s priority is the child’s best interests. A history of abuse may result in limited custody rights for the abusive parent or require supervised visitation. 

How Long Does a Divorce Take in Illinois When Domestic Violence Is Involved? 

The timeline for divorce in Illinois depends on whether the case is contested or uncontested. When domestic violence is part of a marriage, divorces are more often contested because issues like custody, visitation, property, and safety are harder to resolve by agreement. 

• Uncontested Divorce: In some cases, an abusive spouse does not challenge the divorce. If both spouses agree on property, support, and parental responsibilities (custody) and parenting time (visitation), the process can move relatively quickly. Once the petition is filed and residency requirements are met, an uncontested divorce may be finalized within a few months, depending on the court’s schedule.

• Contested Divorce: When there is a history of abuse, it is common for the abusive spouse to contest parenting responsibilities, parenting time, or financial matters as a way of maintaining control. Contested divorces usually take much longer, sometimes a year or more, depending on the complexity of the case and how busy the court is. 

While the case is pending, survivors can still ask the court for temporary protection orders, custody arrangements, and financial support to stay safe and stable until the divorce is finalized. 

Free Domestic Violence Help in Lake County and Cook County:  

North Suburban Legal Aid Clinic (NSLAC) provides trusted, confidential, and free legal aid to survivors of domestic violence living or with a case within Lake County and north suburban Cook County. There are no income requirements for survivors. If you are in need of legal help, please contact info@nslegalaid.org or call 847-737-4042 to schedule a consultation.