Divorce and Domestic Violence Support

Domestic violence occurs when one party exhibits a pattern of behavior intended to maintain power and control over the other party in an intimate relationship. Domestic violence is a crime. Any person who hits, strangles, kicks, threatens, harasses, or interferes with the personal liberty of another family or household member has violated Illinois domestic violence law.

Under Illinois law, family or household members are defined as: 

• People related by blood or marriage
• People who are married or were married
• People who share or used to share a home
• People who have or say they have a child in common or say they have a blood relation through a child
• People who are dating or used to date
• People with disabilities and their personal assistants

For the actual and complete statute, refer to the Illinois Domestic Violence Act of 1986, 750 ILCS 60.

Domestic violence takes many forms, including but not limited to physical abuse. Domestic violence can be any combination of:

• Physical
• Sexual
• Reproductive
• Emotional
• Psychological
• Religious
• Financial
• Child Abuse and Neglect
• Teen Dating Violence
• Elder Abuse and Exploitation

If your family or household member behaves in any of these ways, you are a victim of domestic violence.

Though there is no universal set of steps that will work for everyone, these actions may help:

Safety First

If You Are in Immediate Danger

• Call 911 right away.
• Stay out of kitchens, bathrooms, and closets; choose rooms with doors or windows to escape.
• If police arrive, share what happened and note their name and badge number.
• Get medical care for injuries and document them with photos.

Safety Planning

• Plan and practice escape routes with your children.
• Keep a bag ready with essentials (IDs, documents, cash, phone, medications, keys).
• After the abuser leaves, change locks, update travel habits, and secure accounts and passwords.
• Alert schools, employers, and neighbors about your safety concerns and provide them with any Orders of Protection.

For comprehensive safety planning guidance, download our full brochure.

Report and Seek Support

Once your safety is secured, there is a wealth of community and legal resources available for you to seek support from and report the incident to.

Report to a Community Organization for Support Services

Community organizations may be able to provide support and resources, such as finding medical or counseling services, helping you communicate with law enforcement, helping you understand your rights, connecting you to an attorney, and identifying a support network for victims and families. You can also choose to start with multilingual domestic violence hotlines.

Report to Law Enforcement for Investigation and Prosecution

Domestic violence is against the law. Perpetrators may be subject to criminal and civil liability. Victims and witnesses have the right to report to law enforcement. 

There are several legal protections and resources available if you are experiencing domestic violence.

Orders of Protection (OP):

A court order that limits an abuser’s contact with you and can:

• Require them to leave a shared home and stay away from specific places.
• Grant you temporary child custody and support.
• Require them to attend counseling or surrender weapons.

Emergency OPs take effect immediately (last up to 21 days), while plenary OPs can last up to two years. Once issued, carry a copy with you and share it with schools, workplaces, or childcare providers.

Other Legal Protections:

• No Contact Orders: Similar to OPs, but apply to non-family members.
• SASETA: Hospitals must provide emergency care and evidence collection for survivors of sexual assault.
• VESSA: Provides up to 12 weeks of unpaid, job-protected leave for victims (or their family members) to seek safety, legal help, or medical care.
• Safe Home Act: Allows survivors to break a lease, change locks, or remain in their apartment for safety.
• CVCA: Offers financial compensation for expenses like medical bills, relocation, or counseling after a violent crime.
• VAWA (Self-Petition): Immigrant survivors abused by a U.S. citizen or permanent resident spouse, parent, or child may apply for a green card without the abuser’s help.
• U & T Visas: Victims who cooperate with investigations (U visa) or survivors of human trafficking (T visa) may qualify to stay and work legally in the U.S.

For more detailed guidance, including how to file for an Order of Protection, download our full brochure.

Before marrying in Chicago or suburban Cook County, you must obtain a marriage license from the Cook County Clerk’s Office. Both applicants must:

• Appear together at one of the Clerk’s six locations
• Complete and sign a marriage license application
• Present valid ID showing proof of age
• Pay a $60 license fee

If divorced within the past six months, you must provide a certified divorce decree. Otherwise, only the date of the divorce is required.

Marriage licenses are:

• Issued while you wait
• Effective the following calendar day
• Valid for 60 days
• Valid only in Chicago and suburban Cook County

You may begin the application online, but you must finish it in person.

Illinois law allows weddings to be performed by:

• Judges or retired judges
• The Cook County Clerk
• Public officials authorized to perform weddings
• Mayors or presidents of cities, villages, or towns
• Religious officiants

Since May 1, 2023, Cook County also allows virtual marriage and civil union ceremonies via Zoom. Couples need a marriage license, identification, and must pay a fee. Appointments are available Wednesday–Friday.

The Cook County Clerk’s Office records marriages, civil unions, and domestic partnerships. After your wedding, the officiant must file your license with the Clerk. Once it is recorded, you may request certified copies of your marriage certificate.

Certificates are not automatically sent—you must order them from the Clerk’s Office.

• Contested divorce: Spouses disagree about whether to divorce or about issues like child custody, property, debt, or support. Contested divorces may take 18+ months.

• Uncontested divorce: Both spouses agree on all terms. A judge must still review and approve the agreement. These divorces are usually quicker (6+ months).

• Joint simplified divorce: A faster option if you meet strict requirements (married less than 8 years, no children or pregnancy, limited assets and income under $60,000 combined, no real property, etc.). Both spouses must agree to all terms and appear in court together.

A divorce begins when one spouse (the Petitioner) files a Petition for Dissolution of Marriage in the Circuit Court. The process generally includes:

1. Serving the Respondent – The Petitioner must serve court papers to the other spouse.

2. Response – The Respondent has 30 days to file an Appearance and Response.

3. Negotiation – Both sides exchange financial information and may negotiate a Marital Settlement Agreement.

4. Hearing or Trial – If an agreement is reached, the judge reviews it. If not, the case goes to trial and the judge decides.

5. Final Judgment – The judge issues a divorce decree, which officially ends the marriage.

If the Respondent does not respond, the Petitioner may request a default judgment.

• Property and pets: Division of money, belongings, real estate, investments, and family pets.

• Children: Decisions about parenting responsibilities, parenting time (formerly “custody” and “visitation”), and child support. Parents must also complete a parenting education class.

• Maintenance (spousal support): A judge may order one spouse to pay the other support, based on income, needs, marriage length, and other factors (but not on misconduct).

• Debt: Debts from during the marriage are shared, even if in one spouse’s name. Premarital or post-divorce debts remain separate.

Yes. Individuals with limited English proficiency can request a court interpreter. Requests should be made at least one week in advance through the judge or courtroom coordinator.

• Cook County Clerk – Marriage & Civil Unions

• CASL Legal Services – Call (888) 764-6125 or request an appointment at here. Eligibility is based on income and residency.

All are free, confidential, multilingual, and available 24/7.

National Domestic Violence Hotline
Call (800) 799-7233 | TTY: (800) 787-3224
Live chat available online, or text START to 88788

Illinois Domestic Violence Helpline
Call (877) 863-6338 | TTY: (877) 863-6339

KAN-WIN Hotline
Call (773) 583-0880
Culturally specific DV services in English, Korean, Mandarin, and Mongolian

Apna Ghar Shelter
4350 N. Broadway St, 2nd Floor, Chicago, IL 60613
Crisis Hotline: (773) 334-4663 | Text: (773) 899-1041
Email: help@apnaghar.org

WINGS Women’s Shelters
Crisis Hotline: (847) 221-5680
General Info: (847) 519-7820

KAN-WIN
Legal advocacy, case management, counseling, and survivor services.
Hotline: (773) 583-0880 | Email: info@kanwin.org

Languages: English, Korean, Mongolian, Chinese

Life Span
Legal representation, counseling, and immigration legal services for DV and sexual assault survivors in Chicago & Suburban Cook County.
Call (312) 408-1210 (M–F, 9am–5pm)
Languages: English, Spanish, Arabic, Hindi, Urdu, Korean, Russian, Polish

VAI Community Empowerment Legal Clinic (CELC)
Legal aid for low-income immigrants and refugees, plus advocacy and organizing programs.
Services in Arabic, Vietnamese, English, Spanish