Illinois is a no-fault state, so “irreconcilable differences” is the only ground for divorce.
In Illinois, divorce is legally referred to as the dissolution of marriage, and the state recognizes irreconcilable differences as the sole grounds for divorce.
This means the court no longer requires one party to prove fault, such as infidelity or abuse, to file for divorce. Instead, it focuses on whether the marriage has irretrievably broken down and whether attempts at reconciliation are no longer practical.
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Understanding “Irreconcilable Differences”
Irreconcilable differences means that the marriage has broken down to the point where it cannot be repaired. To establish this in Illinois, the court looks for:
- Evidence that both spouses have lived separate and apart for at least six months. This creates a presumption that irreconcilable differences exist.
- If both spouses agree, the six-month separation period can be waived.
In contrast to older laws requiring proof of fault, Illinois now offers a more straightforward, no-fault approach to divorce, making the process less adversarial.
Do Fault-Based Grounds Still Matter?
Illinois eliminated fault-based divorce grounds with the passing of the Illinois Marriage and Dissolution of Marriage Act (IMDMA). However, issues such as infidelity, abuse, or other misconduct may still play a role in related matters like property division, spousal support, or child custody.
Steps to File for Divorce in Illinois
If irreconcilable differences exist, here’s how to proceed:
- Meet Residency Requirements
- At least one spouse must have lived in Illinois for 90 days before filing.
- File a Petition for Dissolution of Marriage
- File in the circuit court of the county where either spouse resides.
- Provide Supporting Evidence
- If there is a dispute, evidence of separation and irreconcilable differences may be required.
- Proceed with Divorce Process
- Include steps like mediation, negotiation, or litigation to resolve custody, support, and property division issues.
How Attorneys Can Help
Navigating divorce laws in Illinois can be challenging without professional guidance. Attorneys provide valuable support by:
- Ensuring you meet all legal requirements for filing.
- Representing your interests in property, custody, or support disputes.
- Streamlining the process to minimize stress and delays.
Frequently Asked Questions
1. Can I file for divorce without my spouse’s agreement?
Yes, you can file for divorce even if your spouse doesn’t agree, as long as you meet the legal requirements for irreconcilable differences.
2. Do I need to prove that we’ve lived apart for six months?
No. If both spouses agree that the marriage has irretrievably broken down, the court typically waives this requirement.
3. Can misconduct like cheating affect the divorce outcome?
While Illinois doesn’t require fault for divorce, misconduct may influence decisions about property division, spousal support, or custody.
What’s Next?
If you’re considering divorce and need guidance, call (630) 366-1760 to connect with an experienced family law attorney in Naperville or DuPage County. Let us help you understand your options and protect your rights during this challenging time.
Important Disclaimer
Naperville Family Law is not a law firm and does not offer legal advice. All information provided on this website is for general informational purposes only and should not be construed as legal counsel. When you call, you will be transferred to speak with an experienced family law attorney in DuPage County.
