Everything you need to know about divorce mediation laws, costs, requirements, and the process in Illinois. Updated for 2026.
| Property Division | Equitable Distribution |
| Residency Requirement | At least one spouse must have been a resident of Illinois for at least 90 days immediately before filing for divorce. |
| Mandatory Mediation | Yes — mandatory for contested child custody cases |
| Waiting Period | 6 months if non-consensual; none if both agree |
| Mediation Cost Range | $2,500 – $7,500 |
| Hourly Rate Range | $100 – $400/hour |
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.
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.
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 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.
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.
These are the primary state laws governing divorce mediation in Illinois:
| Statute | Subject |
|---|---|
| 750 ILCS 5/401 | Grounds for Dissolution / Waiting Period |
| 750 ILCS 5/505 | Property Division — Equitable Distribution |
| 750 ILCS 5/602.7 | Mandatory Mediation Programs |
| Supreme Court Rule 923 | Case Management and Mediation |
| Supreme Court Rule 905 | Mediation Procedures and Impediments |
We've independently evaluated divorce mediators in Illinois's major metro areas. Browse our rankings to find a top-rated mediator near you:
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.
Browse our directory of independently evaluated divorce mediators in Illinois.
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