Getting Divorced After You Got Married Very Young

 Posted on June 30, 2025 in Divorce

Marriage at a young age often brings hope, passion, and dreams of building a life together. But as the years pass, those early dreams can start to unravel, especially if the couple grows in different directions. Whether you married right out of high school, during college, or in your early twenties, you might now be wondering: What happens if you feel like you made the wrong decision? 

What does divorce look like if you are still young, have no assets, or still care about your spouse? This blog walks through what you need to know if you are thinking about ending a marriage that began when you were very young. If you do decide that divorce is the right way forward for you, our DuPage County, IL divorce attorneys are here to help you work through your options. 

Can I Get Divorced in Illinois If I Am Still in My Twenties?

Illinois law does not impose an age limit for divorce, so long as you are legally married. If you were old enough to get married, you are old enough to file for divorce. Under 750 ILCS 5/401, one spouse must live in Illinois for at least 90 days before filing. If you meet that requirement, you can initiate the divorce process.

Since 2016, Illinois has recognized only one ground for divorce, which is "irreconcilable differences." This means that if you and your spouse are no longer compatible and your relationship has broken down beyond repair, you can ask the court to dissolve the marriage, even if you are still in your twenties.

What If I Got Married Very Young and Now Realize It Was a Mistake?

Many people marry young because they believe it is the right thing to do. You may have shared strong religious beliefs, been high school sweethearts, or believed starting early would give you more time to build a life together. But it is common to grow apart in your twenties, especially when you are still developing your own goals and values.

If your priorities have changed or your relationship no longer brings you peace, divorce might be the right step. In Illinois, you do not need your spouse’s agreement to get divorced. If you file and the other party does not respond or cooperate, the court can still move forward and issue a divorce judgment.

Do I Have to Split Everything If We Do Not Own Much?

Dividing assets and debts is one of the core parts of divorce, even if there are few marital assets to divide. Illinois follows the principle of equitable distribution. This means the court divides marital property fairly — not necessarily equally — under 750 ILCS 5/503.

If you married young and have not accumulated much property together, your divorce may be relatively simple. You may each leave with what you brought into the marriage, and if you bought household items together, the court will consider how they should be divided if you cannot agree on your own. If you share debts, such as credit cards or loans, those may be divided too.

Still, it is worth speaking with an attorney. Sometimes a small retirement account, a car, or a lease can complicate things. An experienced lawyer can help you untangle what belongs to each of you and make sure the paperwork is handled correctly.

What If I Still Love My Spouse But Know This Is Not Working?

Love and compatibility are not the same. Many people stay in unhealthy or stagnant marriages because they still feel affection for their spouse. But divorce does not always mean hostility or failure. Sometimes, it is the best way to protect your future.

If you both acknowledge that the marriage is not sustainable, even if you care for each other, collaborative divorce or mediation may offer a respectful path forward. These approaches allow you to work through the process without turning it into a battle, especially when there is still mutual understanding.

Should We Get Divorced If We Got Married Young and Now Have Kids?

Divorce with children always requires more planning, but it is especially important when you are both still relatively young. If you are parents, Illinois law requires you to address parental responsibilities and parenting time. The court’s focus is always on the best interests of the child.

You and your spouse will need to create a parenting plan that outlines how you will make decisions about your child’s education, healthcare, and well-being. You will also need a schedule for parenting time, which used to be called custody and visitation.

If you have a flexible or cooperative relationship, you can submit a parenting plan together. If you disagree, the Court may intervene and impose one. Child support will also be calculated based on income and parenting time, using state guidelines.

How Does Divorce Work If We Have No Kids and No Money?

When you are young, childless, and have no shared assets, divorce can be surprisingly straightforward. In some cases, you may qualify for a joint simplified divorce under 750 ILCS 5/452. This is a special process that allows for a faster, less expensive divorce if:

• You have been married for less than eight years

• You have no children together

• Neither party owns real estate

• Combined gross income is under $60,000

• Neither spouse has a retirement account worth more than $10,000

Both parties must agree to waive spousal maintenance and divide assets and debts fairly. If you meet these criteria, this streamlined option may be ideal.

Is It Too Soon to File for Divorce If We Just Got Married?

The length of your marriage does not affect your right to file for divorce. However, if you married only a few months ago and now want to end it, you may wonder whether an annulment is possible instead. In Illinois, annulments (called declarations of invalidity) are rare and only granted under specific conditions, such as fraud, coercion, or legal incapacity.

If those grounds do not apply, a divorce is the appropriate route. The court does not require you to remain married for a certain amount of time. If you realize quickly that the marriage is not right, you can still file for divorce.

What If I Owned My House Before We Got Married?

If one spouse bought the home before the marriage and kept it in their name, it may be considered non-marital property under Illinois law. However, if both spouses helped pay for the mortgage, renovations, or upkeep during the marriage, the other spouse may have a claim to reimbursement or equity.

The longer you are married, the more likely it is that marital contributions may impact how the home is treated in divorce. A lawyer can help you protect your interest in the home or determine what, if anything, your spouse may be entitled to.

What If We Still Want to Be Friends After Divorce?

It is possible to divorce with kindness. In fact, divorces that begin with mutual respect often end with healthier outcomes for everyone. If you and your spouse married young, grew apart, but still care for each other, you can work together to find a solution that leaves the door open for future friendship.

This might mean keeping communication civil, choosing mediation, and focusing on fairness instead of blame. A collaborative mindset can make the process less painful and allow each of you to move forward without resentment.

How Do I Know If I Am Really Ready for Divorce?

Ending a marriage, especially one that started in your youth, can feel like admitting failure. But it may also be a sign of maturity. If you have tried counseling, had serious conversations, and still feel that the relationship no longer supports your personal growth, it may be time to let go.

Ask yourself:

• Am I staying in this marriage out of guilt or fear?

• Have I outgrown the goals we once shared?

• Do I feel emotionally or mentally safe in this relationship?

• Am I delaying divorce because of what others might think?

These are hard questions to ask, but answering them can help you move forward with clarity.

Do I Need a Lawyer If My Divorce Is Uncontested?

Even if you and your spouse agree on everything, having a lawyer can make a big difference. A lawyer can draft the paperwork properly, make sure you meet deadlines, and protect you from accidental mistakes. If your divorce involves any assets, debts, or legal rights, it is worth getting advice from someone who has experience handling similar cases.

Divorce is also an emotional process. A good lawyer helps you focus on practical steps while respecting the personal toll it takes. They can advocate for you without escalating conflict, especially when both spouses are still navigating the loss of a shared dream.

Divorce for High Net Worth Couples Who Married Young

Not every young marriage starts with no assets. Some young couples bring substantial wealth into the marriage through family support, inheritance, business interests, or early career success. If you and your spouse have significant financial holdings and are now considering divorce, the process can be more complex, even if your marriage was brief.

A high net worth divorce in Illinois still follows the principle of equitable distribution, but the stakes are higher. The court will look at all marital and non-marital property, including investment accounts, businesses, trusts, real estate, and valuable personal property such as art, jewelry, and vehicles.

One important thing to know: even if your marriage was short, any income earned or property acquired during the marriage is presumed marital unless proven otherwise. If you purchased a home together, invested jointly, or deposited funds into a shared account, your spouse may be entitled to a share, regardless of who contributed more.

What If We Have a Prenup?

A valid prenuptial agreement can greatly simplify the divorce process. Under the Illinois Uniform Premarital Agreement Act (750 ILCS 10), prenups are enforceable if they were entered into voluntarily, with full financial disclosure, and without coercion. A well-drafted prenup may outline how to handle:

• Division of property

• Debt responsibility

• Spousal maintenance (alimony)

• Treatment of future earnings or inheritances

If you have a prenup and are divorcing after a short marriage, it may clearly define who keeps what, preventing lengthy disputes. However, the court may refuse to enforce certain provisions if they are so unfair that they would be unconscionable, especially if financial or personal circumstances have changed significantly since the agreement was signed.

For example, if one spouse gave up education or career opportunities during the marriage, a waiver of spousal support may be challenged. Similarly, if a prenup was signed without legal counsel or proper financial disclosure, it may be vulnerable to contest.

What If We Do Not Have a Prenup?

Without a prenuptial agreement, all property acquired during the marriage is subject to equitable division, even if the marriage lasted only a few years. That can be frustrating for high earners who married young without planning for a divorce.

If one spouse came into the marriage with wealth and kept it separate, it may still be protected as non-marital property. But if assets were commingled — for example, by depositing separate funds into a joint account or using personal funds for marital expenses — the court may treat those assets as marital, or at least partially so.

In short, divorcing young does not always mean a simple split. A brief high net worth marriage can still require sophisticated legal guidance, especially when it comes to valuation, tracing non-marital contributions, and negotiating a fair resolution.

Contact Our Elmhurst, IL Divorce Attorneys for Young Couples. 

Divorcing after marrying young is not a failure. Whether you are 22 or 42, you deserve support that respects your experience and helps you rebuild your future. At Weiss-Kunz & Oliver, LLC, our DuPage County, IL divorce attorneys understand the unique challenges of young marriages and offer personalized guidance at every stage. Call 312-605-4041 today to schedule a consultation and find out how we can help you move forward with strength and clarity.