What are the grounds for divorce in Illinois?
Walter Jackowiec III
Illinois managing attorney at Marble Law
Key Takeaways
- Irreconcilable differences is the only recognized ground for divorce in Illinois.
- Additionally, spouses must live separate and part for at least six consecutive months until an uncontested divorce can be heard, or at least six months from the time a spouse files for a contested divorce.
- Spouses may live in the same household and live “separate and apart”.
- You may be able to avoid the six-month wait and divorce sooner if you and your spouse mutually agree to end the marriage.
The only ground for divorce recognized in Illinois is irreconcilable differences. Basically, this means that you and your spouse disagree so much that the marriage has broken down to the point where it can’t be repaired.
Illinois also requires that spouses live “separate and apart” for a continuous period of:
- At least six months by the time an uncontested divorce is proved up. (This is the hearing for an uncontested divorce where the spouses present their Judgment for Dissolution of Marriage and their Certificate for Dissolution of Marriage. If the judge determines all requirements have been met, they’ll grant your divorce.)
- At least six months from the time a spouse files for a contested divorce.
This separation allows the spouses to demonstrate that there’s a breakdown in the marriage, that all attempts at reconciliation have failed and that future efforts to reconcile wouldn’t be in the best interest of the family.
Living separate and apart doesn’t necessarily mean that you and your spouse have different households. You may remain in the same home due to finances or the presence of a family member who lives with you. However, in this case the court might ask for evidence (for example, sworn testimony) to show that you have been living like roommates (that is, without marital relations).
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Can I get divorced sooner?
You may be able to get divorced without the six months waiting period if both spouses mutually agree to end the marriage. In this case, the court might require the spouse seeking the divorce to swear under oath that the couple has irreconcilable differences and that there’s no chance of reconciliation.
Additionally, many people will file after being separated for only a few months and drag the case on until the needed time period( six months) has been met and then do the prove-up.
Is Illinois a no-fault divorce state?
Since the only ground for divorce in Illinois is irreconcilable differences, Illinois is a no-fault divorce state. This means you don’t have to prove that one spouse was responsible for the breakdown of the marriage. This often helps reduce the tension during a divorce, which may give each spouse the space to focus more energy on their family and their mental and emotional health during this time.
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