Who Wins in an Illinois Divorce?

 Posted on October 14, 2026 in Divorce

Most divorces involve conflicts and disagreements that need to be resolved. In heated cases, it may become less of a cooperative effort between the spouses and more of a tug-of-war over different issues like finances or children. However, trying to "win" a divorce in Illinois is generally discouraged because of how the laws are written. If you are worried about the outcome of your case, consider working with a DuPage County, IL divorce attorney.

At Goostree Law Group, we have handled many highly contested divorces across decades of practice. We will take the time to understand your goals and help you work toward a favorable resolution, whether it involves negotiation or a full trial.

Does Illinois Allow Fault-Based Divorces?

The only ground for divorce in Illinois is irreconcilable differences. In plain terms, this means the marriage has broken down, attempts to fix it have failed or would not work, and keeping the family together is not in the best interest of the household.

Before that change, a spouse could file on grounds such as adultery, cruelty, or desertion. Those grounds no longer exist. A spouse does not have to prove the other did anything wrong, and the other spouse cannot block the divorce by refusing to agree. If the spouses have lived apart for at least six months, the law presumes irreconcilable differences exist.

For many people, this feels unfair. A person whose spouse cheated or walked out may want a judge to say so on the record. Illinois law does not give judges that role in a divorce. The court’s job is to end the marriage and sort out the practical issues that follow, such as property, support, and parenting time.

Does Marital Misconduct Affect Property Division or Spousal Support in Illinois?

Marital misconduct, such as an affair or cruel behavior, does not affect how Illinois courts divide property or award spousal support. Judges must divide marital property in just proportions without considering misconduct (750 ILCS 5/503). Spousal support, called maintenance in Illinois, follows the same rule. A judge looks at factors like each spouse’s income, earning ability, the length of the marriage, and the standard of living the couple shared. 

A just division does not always mean an even split. A judge may give one spouse a larger share based on things like each person’s age, health, job skills, and separate property. Still, the goal is a fair outcome going forward, not punishment for what happened in the marriage.

There is one important exception tied to spending. Dissipation is the use of marital money for one spouse’s sole benefit, for a purpose unrelated to the marriage, while the marriage is breaking down. Common examples include spending on an affair partner, gambling away savings, or draining accounts to keep money from the other spouse. If dissipation is proven, the court can order the spouse who wasted the money to repay the marital estate. In practice, this often means that the dissipating spouse receives a smaller share of what remains. Illinois law sets deadlines for giving notice of a dissipation claim, so it is wise to raise concerns about missing money early.

Who Gets Child Custody in a Divorce?

Child custody in an Illinois divorce is not a prize that one parent wins and the other loses. Illinois now uses the terms "allocation of parental responsibilities" and "parenting time." Judges decide these issues based on the child’s best interests, not on which parent was the better spouse.

The court weighs many factors when deciding what is best for a child. These include each parent’s wishes, the child’s wishes when the child is mature enough, the child’s bond with each parent, how well the child is adjusted to home and school, the health of everyone involved, and each parent’s willingness to support the child’s relationship with the other parent. Any history of abuse is also considered.

In most cases, Illinois law presumes that both parents are fit and that a child benefits from time with each of them. A court will not restrict a parent’s time with a child unless it finds that the parent’s conduct seriously endangers the child’s physical, mental, moral, or emotional health. Judges notice when one parent tries to cut the other out of the child’s life. A parent who walks into court trying to win often hurts his or her own case. 

Who Gets to Keep the House in a Divorce?

Who keeps the house in an Illinois divorce depends first on whether the home is marital or non-marital property. A home bought during the marriage is usually marital property, even if only one spouse’s name is on the deed. A home one spouse owned before the marriage, or received as a gift or inheritance, may be treated as separate property. Even then, the other spouse may have a claim if marital funds paid down the mortgage or improved the home.

When the house is marital property, there are a few common outcomes. One spouse may keep the home and buy out the other spouse’s share, often by refinancing the mortgage. One spouse may keep the home while the other receives assets of similar value, such as retirement funds. The couple may also sell the house and divide the proceeds.

A judge may consider which parent has the children most of the time, since staying in the same home and school can give children stability. Affordability is just as important. Keeping a house that one income cannot support can lead to serious money problems after the divorce. Getting the house is not much of a victory if it costs a person their financial security.

Should You Take Your Divorce to Trial?

Taking an Illinois divorce to trial is sometimes necessary, but it is rarely the best first choice. Trials can take many months to prepare for. Legal fees, expert witness costs, and time away from work add up quickly. A trial also places the final decision in the hands of a judge who does not know your family the way you do. 

Most divorces in DuPage County and across Illinois are resolved through negotiation or mediation. In some cases, a fair settlement is not realistic. Trial may be the right path forward when:

• A spouse has been abusive or controlling and uses negotiations to keep exerting pressure

• A spouse is hiding income or assets and refuses to share honest financial records

• A spouse makes demands that no reasonable person would accept and will not move from them

• Safety concerns for a child cannot be resolved without a court order

Even in these situations, the decision to go to trial should not be made lightly. An attorney can advise you about the strengths of your case, the likely costs, and the options that may still be available, such as mediation or a partial settlement that leaves only the hardest issues for the judge.

Contact Our Wheaton, IL Divorce Lawyer

At Goostree Law Group, we help clients set realistic goals, build strong cases, and stand firm when the other side refuses to be reasonable. Contact our DuPage County, IL family law attorneys or call 630-584-4800 to schedule a free consultation.