Many people of heard that you need “grounds” for a divorce, which is historically true. Illinois has moved away from this fault-based method, and now uses “irreconcilable differences” as the grounds for an Illinois divorce. Understanding what this means in your divorce is best answered with a legal consultation.
At Kulerski & Cornelison, our team serves families DuPage and Cook counties. We help you file your divorce and see it through to the end.
Illinois Is a No‑Fault Divorce State
Illinois no longer recognizes fault‑based grounds for divorce, although it used to, so that is why you may have heard about this from someone else. Now, Illinois only recognizes “irreconcilable differences” as grounds for a divorce. This means that the marriage cannot be repaired or reconciled, so the divorce is the appropriate thing in the situation.
Unlike prior divorces you may have heard of, you don’t have to prove abandonment, adultery, cruelty, or any of the other prior grounds for a divorce. While these issues could still come up and be relevant to your case, they are not necessary to get the divorce.
What “Irreconcilable Differences” Means in Practice
To meet the legal standard, you must show:
- The marriage has broken down
- You are not able to reconcile
- Further attempts at reconciliation would not be in the best interests of the family
For most cases, this is not a difficult thing to show. Courts don’t look for extensive evidence. If you both agree the marriage should be over, the court will generally accept that this means the relationship cannot be retrieved.
The Six‑Month Separation Presumption
Illinois law includes a helpful presumption that simplifies the process even further. If spouses have lived “separate and apart” for at least six months, the court automatically presumes that irreconcilable differences exist.
A few important points about this presumption:
- You do not need to live in different homes.
- Living “separate and apart” can include living together, so long as you’re not acting as a married couple anymore.
- The six‑month period is not mandatory if both spouses agree the marriage is irretrievably broken.
What If One Spouse Does Not Want the Divorce?
Even if the other spouse does not want the divorce, it can still get granted. The law doesn’t require both parties to agree. One spouse can testify that the marriage is broken down, and that efforts at reconciliation are not possible. In that situation, the court can still grant the divorce.
The resisting spouse can’t stop the divorce from happening. At most, it may cause a slight delay and mean some additional testimony. Your attorney can help you manage that challenge, so even if that is what you’re going through, you can rest assured you are protected.
How Fault‑Based Behavior Still Matters
Certain misconduct could still impact the case, even if it’s not important as to grounds. For example:
Parenting Time and Decision‑Making
Issues such as domestic violence, substance abuse, or neglect may affect:
- Allocation of parental responsibilities
- Parenting time schedules
- Requirements for supervision
- Treatment orders
Property Division
Illinois divides property through equitable distribution. This means it will be divided fairly, but not necessarily equally. The court can consider:
- Dissipation of marital assets
- Financial misconduct
- Wasteful spending during the breakdown of the marriage
This may impact how property is divided, or it may not. Speak to your attorney about these issues to learn more.
Spousal Support (Maintenance)
Fault does not directly affect maintenance, but financial misconduct or dissipation may influence the court’s analysis of each spouse’s financial circumstances.
Why Illinois Moved to a No‑Fault System
Illinois wanted to encourage more cooperation and focus on practical issues instead. This approach:
- Reduces litigation
- Lowers emotional strain
- Speeds up the divorce process
- Encourages settlement
- Helps families transition more smoothly
For most people, it creates a more predictable and less adversarial experience.
Get Assistance With Your Divorce: Consult an Experienced Illinois Divorce Attorney
Without the need to prove fault-based grounds, your divorce can be less difficult and less contentious. This can save you significant stress, time, and costs. Get assistance with your divorce from a qualified divorce attorney in Illinois.
At Kulerski & Cornelison, our family law attorneys are ready to help. Contact us today for a consultation of your case.