What Is Family Court in Illinois

What is family court in Illinois?

In Illinois, family law cases are handled by the Circuit Court. Illinois has 102 counties organized into 24 judicial circuits. Each circuit has judges assigned to family law matters under the Illinois Marriage and Dissolution of Marriage Act (IMDMA).

The IMDMA was substantially reformed in 2016, eliminating the terms “custody” and “visitation” from the statute entirely. Illinois family law now uses “allocation of parental responsibilities” for decision-making and “parenting time” for the schedule. Using old terminology in filings signals to the court that you are not current on Illinois law.

The Circuit Court has jurisdiction over dissolution of marriage, allocation of parental responsibilities, parenting time, child support, maintenance, parenting plan modifications, paternity, and orders of protection. You file in the circuit where you or your spouse has been a resident for at least 90 days before filing.

Illinois's 24 judicial circuits

Illinois is divided into 24 judicial circuits, each covering one or more counties. Cook County — which includes Chicago — handles approximately 40% of all family law volume in the entire state and operates as the Circuit Court of Cook County with dedicated family division courtrooms.

The circuit determines which courthouse you file in and which local rules apply. Cook County has its own standing orders and local rules that differ significantly from downstate circuits. Always check your specific circuit's local rules before filing.

Types of cases handled

Illinois Circuit Court handles:

• Dissolution of marriage — Illinois is a no-fault state under 750 ILCS 5/401. You only need to show irreconcilable differences.
• Allocation of parental responsibilities — significant decision-making responsibility (education, health, religion, extracurricular activities) governed by 750 ILCS 5/602.5.
• Parenting time — replaces “physical custody” and “visitation”; the schedule of when each parent is with the child (750 ILCS 5/602.7).
• Child support — calculated under the income shares model since July 1, 2017 (750 ILCS 5/505).
• Maintenance — the Illinois term for what other states call “alimony”; governed by the statutory formula under 750 ILCS 5/504.
• Parenting plan modifications — post-judgment changes to parenting time and allocation of responsibilities under 750 ILCS 5/602.10.
• Paternity — establishing legal parentage for unmarried parents.
• Orders of protection — handled on an expedited basis; emergency orders can be granted same day.

No-fault dissolution of marriage

Illinois is a pure no-fault state under 750 ILCS 5/401. To obtain a dissolution of marriage, you do not need to prove wrongdoing by either party. You simply state that irreconcilable differences have caused the irretrievable breakdown of the marriage. The 2016 reform eliminated fault-based grounds entirely. Marital misconduct is generally not relevant to property division, allocation of parental responsibilities, or parenting time.

Parenting Plan: required within 120 days

Under 750 ILCS 5/602.3, both parents must file a proposed parenting plan within 120 days of the date the respondent is served. The parenting plan must address: the allocation of significant decision-making responsibilities, the parenting time schedule, holidays and vacations, communication between parents, and how disputes will be resolved.

If both parents agree, they may file a joint parenting plan. If they disagree, each files their own proposed plan and the court holds an evidentiary hearing to determine what is in the best interest of the child.

Mandatory parenting education

In all Illinois cases involving children, both parties are required to complete a parenting education class before the court will enter a final order. The class is typically a four-hour program addressing the emotional impact of divorce on children and how to co-parent effectively. Many circuits have approved providers; check your circuit's local rules for approved vendors.

Self-represented litigants (“pro se”)

Many people in Illinois family court represent themselves. The Illinois Courts website (illinoiscourts.gov) provides self-help resources and standardized forms. Court clerks can assist with procedural questions but cannot give legal advice.

Judges hold self-represented parties to the same procedural rules as attorneys. You are responsible for following filing deadlines, service requirements, and local court rules, even without a lawyer. Cook County has a self-help center at the Richard J. Daley Center that can assist with forms and procedure.