STATE GUIDE

Divorce Mediation in Illinois

Everything you need to know about divorce mediation laws, costs, requirements, and the process in Illinois. Updated for 2026.

EquitableProperty type
$2,500Mediation from
6Wait period

Quick Facts: Divorce Mediation in Illinois

Property DivisionEquitable Distribution
Residency RequirementAt least one spouse must have been a resident of Illinois for at least 90 days immediately before filing for divorce.
Mandatory MediationYes — mandatory for contested child custody cases
Waiting Period6 months if non-consensual; none if both agree
Mediation Cost Range$2,500 – $7,500
Hourly Rate Range$100 – $400/hour

Property Division: Equitable Distribution

Illinois follows equitable distribution under the Marriage and Dissolution of Marriage Act (750 ILCS 5/505). The court divides marital property fairly based on statutory factors including each spouse's contribution to the marriage (including homemaker contributions), the duration of the marriage, economic circumstances, and future financial needs.

Mediation Requirements

Illinois requires mediation for all contested custody and visitation disputes under Supreme Court Rule 923. All 102 Illinois circuit courts must maintain mediation programs. For financial and property disputes, mediation is not automatically mandatory but judges may order it. Exceptions exist for cases involving domestic violence, mental health issues, or substance abuse.

Child Custody Mediation

Mandatory mediation for all contested custody and visitation cases under Supreme Court Rule 923. Courts hold an initial case management conference within 90 days, followed by mandatory mediation if parents have not agreed on a parenting plan. A 45-day follow-up conference assesses mediation progress.

Divorce Mediation Costs in Illinois

Divorce mediation in Illinois is generally more affordable than other major metro states. Hourly rates typically range from $100 to $400, with total costs of $2,500 to $7,500 depending on case complexity. Flat-fee packages from $1,500 to $5,000 are available for straightforward cases. Court-connected programs may offer reduced rates.

Tip: Many mediators offer free initial consultations. It's worth meeting with 2-3 mediators before choosing one. Ask about flat-fee vs. hourly pricing and whether the fee includes drafting the settlement agreement.

Waiting Period & Timeline

If one spouse does not consent to the divorce, Illinois imposes a six-month separation requirement under 750 ILCS 5/401. However, if both parties consent to the divorce, there is no mandatory waiting period beyond the 90-day residency requirement.

Key Illinois Statutes

These are the primary state laws governing divorce mediation in Illinois:

StatuteSubject
750 ILCS 5/401Grounds for Dissolution / Waiting Period
750 ILCS 5/505Property Division — Equitable Distribution
750 ILCS 5/602.7Mandatory Mediation Programs
Supreme Court Rule 923Case Management and Mediation
Supreme Court Rule 905Mediation Procedures and Impediments

Notable Illinois Laws & Programs

Find Top Mediators in Illinois

We've independently evaluated divorce mediators in Illinois's major metro areas. Browse our rankings to find a top-rated mediator near you:

Chicago

Illinois Divorce Mediation FAQ

Mediation is mandatory for contested child custody and visitation cases under Illinois Supreme Court Rule 923. For financial and property disputes, mediation is not automatically required but judges may order it. All 102 Illinois circuit courts must maintain family mediation programs.

Illinois uses equitable distribution, meaning property is divided fairly but not necessarily equally. The court considers factors including each spouse's contributions to the marriage, marriage duration, economic circumstances, and future earning capacity. Both monetary and non-monetary contributions (such as homemaking) are considered.

If both spouses agree to the divorce, there is no waiting period beyond the 90-day residency requirement. If one spouse does not consent, Illinois requires a six-month separation period before the divorce can proceed.

Divorce mediation in the Chicago metro area typically costs $2,500 to $7,500 total, with hourly rates of $200 to $400. Straightforward cases with minimal assets may cost less, while complex cases involving business valuations or contested custody can exceed $7,500.

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