Grounds for Divorce in Illinois

 Posted on May 24, 2024 in Divorce

Years ago, you needed to be able to come to divorce court in the state of Illinois and give a good enough reason why your marriage was ending in order to be approved. If the court did not think you had a good enough reason to split up, you needed to stay married. Thankfully, as of January 1, 2016, Illinois has been a “no-fault” state. That means you do not need to explain the specifics behind why you and your spouse no longer want to be married and you do not need to convince the court that it is a good enough reason. The only grounds recognized for divorce in Illinois are irreconcilable differences. Regardless of whether someone cheated on the other, lied, or hurt them, neither spouse is considered to blame. The couple simply had differences that were too significant for them to overcome. If you are confused about how this might impact your future divorce, speak with an Illinois family law attorney to find out more.

What Does Irreconcilable Differences Mean?

Since Illinois is a no-fault state, spouses who want a divorce no longer need to give any reason why they want this other than irreconcilable differences. This has changed how divorce works in a few ways, including:

• You no longer need to try to come up with a good enough reason for the judge to approve it. If you or your spouse do not want to be married to each other, that is enough. It is considered irreconcilable enough of a difference without the need for proof or excuses.
• You no longer need to worry if your situation does not fit some state-mandated mold. All people are unique, all marriages are unique, and all breakups are unique. The vague heading of “irreconcilable differences” can be interpreted to mean any reason a couple might wish to get a divorce. As unique as your personal circumstances might be, it will most likely be recognized as an irreconcilable difference if it means you do not want to be married anymore, and this is sufficient grounds to be granted a divorce.
• You no longer have the motivation to paint your spouse in a negative light to get a more favorable settlement. If fault was recognized, then someone who did something to end the marriage, like cheating, could be blamed for the divorce. That might have implications for the settlement, including the parts related to child custody, division of assets, and more. When fault is taken off the table, the blame game is no longer necessary.

Schedule a Free Consultation with a DuPage County, IL Divorce Lawyer

If you are considering divorce, speak with an experienced and hardworking Wheaton, IL divorce attorney who can help you navigate the process. At Fawell & Fawell, we consider your family to be our priority, and we will fight for you to get a divorce settlement you can be comfortable with. Call us at 630-871-2400 to schedule a free consultation.