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In Illinois, a Petition for Dissolution of Marriage is a legal document that, when filed with the appropriate Circuit Court, initiates a divorce proceeding with the court.
The petition must be filed in the Circuit Court of the county where either spouse resides. To file a petition for divorce in Illinois, at least one spouse must have been a resident of the state for a minimum of 90 days prior to filing.
A petition for divorce does not legally end the marriage. To finalize and complete a divorce, a judge must sign a Judgment of Dissolution of Marriage. At any time before the judge signs the Judgment, a Petition for Dissolution can be withdrawn by the spouse who filed it with the court.
Illinois does not require a mandatory waiting period before a judge may finalize the divorce, as long as both spouses agree that irreconcilable differences have caused the breakdown of the marriage. If the divorce is contested, a six-month separation is presumed to establish irreconcilable differences, but a longer waiting period is not automatically imposed by law.
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