Overview of the Illinois Divorce Process for Older Adults

 Posted on July 08, 2025 in Adult Children and Divorce

Divorce later in life, often called "gray divorce," raises unique concerns. Older adults going through divorce typically face challenges related to retirement accounts, health care, Social Security benefits, and dividing assets after decades of marriage. Understanding how Illinois law applies to these situations can help you prepare for the legal process and protect your financial future, and our Kane County, IL gray divorce lawyers are here to help every step of the way. 

How Does the Illinois Divorce Process Begin?

To file for divorce in Illinois, one spouse must have lived in the state for at least 90 days according to the Illinois Marriage and Dissolution of Marriage Act. The divorce process begins when one spouse files a petition for dissolution of marriage in the circuit court of the county where either spouse resides. In Kane County, this typically means filing in the 16th Judicial Circuit Court located in Geneva.

Illinois is a no-fault divorce state, meaning neither spouse has to prove anyone did anything wrong to get a divorce. Instead, the court needs spouses to say only that the marriage has broken down due to "irreconcilable differences."

What Issues Are Common in Gray Divorce Cases?

Older adults usually have different priorities in divorce than younger couples. For example, dividing retirement accounts and pensions can be a significant issue, while custody of young children may not be. Under Illinois law, retirement accounts established during the marriage are considered marital property, even if only one spouse’s name is on the account. These accounts can be divided using a Qualified Domestic Relations Order (QDRO).

Spousal maintenance, or alimony, is another common issue, and health insurance coverage and long-term care planning can also be critical for people nearing or past retirement age. Dividing assets like the family home may require careful planning to ensure both spouses can have financial stability after divorce.

What Happens After Filing for Divorce in Illinois?

Once the divorce petition is filed, the other spouse must be served with legal notice. After being served, that spouse has 30 days to file a response with the court. From there, the case enters the discovery phase, where both spouses exchange information about their assets, debts, and income.

In gray divorce cases, discovery often focuses on retirement accounts, pensions, and other financial matters accumulated over a long marriage. Both parties may need to provide account statements, property appraisals, and other documents to make sure property and debt are divided fairly.

Will the Court Decide Everything in a Divorce?

In many Illinois divorces, especially among older adults, spouses are able to reach agreements on important issues through negotiation or mediation. These agreements can then be given to the court for approval.

If the spouses cannot agree, the case may proceed to trial. During the trial, the judge will decide how to divide marital property and debts, whether spousal maintenance (alimony) should be awarded, and any other contested issues. The judge will consider factors such as the length of the marriage, the contributions of each spouse to the marital estate, and each spouse’s age, health, and financial needs.

What Happens at the End of a Divorce?

Once all questions have been resolved, the judge will issue a judgment of dissolution of marriage. This document finalizes the divorce and outlines the division of property, any maintenance awards, and other important terms. For older adults, the judgment may also address how to divide retirement assets using a Qualified Domestic Relations Order (QDRO), which allows a retirement plan administrator to pay out funds directly to each spouse without tax penalties.

Contact a Kane County, IL Divorce Attorney

If you are considering divorce later in life, an experienced St. Charles, IL divorce lawyer at Divorce Over 50 - Goostree Law Group can help you navigate the process and plan for your future. Call 630-634-5050 to schedule a complimentary, confidential consultation and learn how we assist clients in Kane County and beyond.