What Does the State of Illinois Consider Grounds for Divorce?

 Posted on October 23, 2023 in Divorce

In the State of Illinois, the only reason that the courts will deem acceptable for divorce is something called irreconcilable differences since Illinois is a “no-fault” state. It does not matter if one spouse was disloyal, lied, or hurt the other. According to the State of Illinois, the only acceptable reason for divorce is irreconcilable differences, and in such a case, neither side is to blame.

Irreconcilable differences mean the marital relationship has broken down, and all attempts to reconcile have failed. If you are in Illinois, you have tried to reconcile with your spouse, and you can see that these attempts are futile, it could be an excellent time for you to speak with an experienced Kane County divorce attorney.

What Are Irreconcilable Differences?

In some parts of the United States, fault-based grounds are deemed acceptable in divorce cases. This means that if one spouse cheated, lied, hid assets, or did any other number of things found to be at “fault,” the divorce settlement would likely favor the other spouse. This could have implications for parental rights and responsibilities, child support, spousal support, and other factors in a divorce. In such a case, it might be in one side’s best interest to prove that the other side is guilty of wrongdoing to ensure a favorable divorce settlement.

In the State of Illinois, however, divorces are settled according to a “no-fault” understanding. Instead of proving that the blame is on the other side, couples in Illinois need to prove they have irreconcilable differences to end their marriage. They need to show the court that their relationship has broken down and can not be built back up again.

Illinois Law recognizes the uniqueness of individuals; there is no one specific reason that is considered responsible for the breakdown of the marriage. Irreconcilable differences can refer to a number of issues, including:

• Financial disputes
• Differences in prioritized goals and/or values
• Difficulty communicating properly
• Clashing personalities

Since a no-fault divorce eliminates the requirement for proof that one spouse is at fault, neither side needs to accuse the other of wrongdoing. Both are given the chance to agree to a divorce based on irreconcilable differences. In such a case, focus is placed on the practical aspect of the dissolution of this marriage rather than any blame either party might wish to express.

Schedule a Free Consultation with a St. Charles, IL Divorce Lawyer

There is good news if you live in Illinois and are considering divorce. Neither you nor your spouse will need to try to convince the court that the other side was at fault. However, it is important to come prepared for your divorce proceedings. An experienced Kane County, IL divorce attorney can guide you through the process. Call Goostree Law Group at 630-584-4800 to schedule a free consultation.