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What Are the Grounds for Divorce in Illinois?
09 Feb, 2025
Divorce

What Are the Grounds for Divorce in Illinois?

Divorce is never easy. From financial problems to domestic violence or even infidelity—studies show that 20-40% of marriages are impacted by cheating—there are many reasons why relationships come to an end. If you’re considering divorce in Illinois, you may be wondering whether the reasons behind your marriage breakdown could influence your case and give you an advantage in court.  

At SLG Family Law, we’ve supported countless individuals through the complexities of divorce, helping them understand the legal landscape while advocating for their best interests. This post will guide you through the current grounds for divorce in Illinois and what they mean for your unique situation.

Understanding Grounds for Divorce in Illinois

Before 2016, Illinois allowed individuals to file for divorce based on both fault and no-fault grounds, which included reasons like adultery, abandonment, or cruelty. However, with the updated Illinois legal framework, fault-based divorces are a thing of the past. Illinois is now strictly a no-fault state.

This means the only legal ground for divorce in Illinois is “irreconcilable differences.” Simply put, it means that the marriage has broken down beyond repair. Neither party is required to prove wrongdoing by the other, making the process less adversarial and more focused on resolving the challenges that come with separation.

What No-Fault Divorce Means for Your Case

The shift to no-fault divorce has brought several benefits for individuals seeking to end their marriages in Illinois:

  • Lower Emotional Conflict  

By removing the need to prove fault, the divorce process is less likely to escalate tensions between spouses. This allows both parties to focus on moving forward rather than dwelling on blame.

  • Faster Resolutions  

Since the focus is on resolving the terms of the divorce rather than proving wrongdoing, no-fault divorces streamline the legal proceedings, saving time for all involved.

  •  Privacy  

No-fault divorce eliminates the need to disclose private, sensitive details about the breakdown of the marriage in court, allowing for a more respectful and discreet process.

  • Cost-Effective  

The simplified process often results in reduced legal fees, as there is no need to gather evidence or fight over fault-based claims.

The Process of Filing for a No-Fault Divorce in Illinois

If you’re ready to start the process of filing for divorce in Illinois, here’s what you need to know to help make the experience as smooth as possible:

  • Ensure Residency Requirements Are Met

To file for divorce in Illinois, at least one spouse must have been a resident of the state for a minimum of 90 consecutive days. A divorce petition cannot be submitted if this condition is not met.

  • Filing a Petition for Dissolution of Marriage

The first legal step in a divorce is to file a formal document called a Petition for Dissolution of Marriage with the appropriate Illinois court. This document outlines basic information about your marriage and the reasons for its dissolution, which are summarized under “irreconcilable differences.”

  • Separation Period (If Necessary)

If both parties agree that the marriage is irretrievably broken, no waiting or separation period is required. However, if one spouse contests the claim of irreconcilable differences, a six-month separation period will apply. This separation does not necessarily require living in different homes—you can be considered “separate” while still residing under the same roof, as long as you’re living as independent individuals.

  • Resolve Marital Issues

Once the divorce process begins, the key issues that need to be addressed include:

  • Division of marital property and debts  
  • Child custody (if applicable)  
  • Child support  
  • Alimony or spousal maintenance
  • Parenting time and other relevant family agreements

If you and your spouse can agree on these matters, an uncontested divorce may be an option, which can significantly reduce the time and stress involved. If agreement isn’t possible, the court will make decisions based on Illinois family law.

  • Judgment for Dissolution of Marriage

When all issues are resolved, the judge will issue a Judgment for Dissolution of Marriage, formally ending the marriage. At this stage, all agreed-upon or court-ordered terms go into effect.

SLG Family Law Can Help You

Divorce is a life-changing event, and our team at SLG Family Law understands the emotional and practical complexities involved. If you’re considering divorce or have already begun the process, we can provide premier legal guidance to help you achieve a fair outcome while minimizing stress and conflict. Contact us today for a consultation. We’re here to help you navigate this challenging time with care.

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