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What Are the Grounds for Divorce in Illinois?
If you are considering divorce in Illinois, you probably have questions about how to initiate the process and on what grounds you can file for a dissolution of marriage. These laws vary from state to state, so it is important that you familiarize yourself with Illinois’s own procedures. A Kane County, IL divorce attorney can guide you through the process from the initial filing to your final decree, protecting your interests all the while.
Does Illinois Have Fault-Based Grounds for Divorce?
Some states permit people to file for a fault-based divorce, in which one spouse can be blamed for the collapse of the marriage for reasons like cruelty, abandonment, or conviction of a felony. In these kinds of cases, the wronged spouse may be awarded with a greater share of marital property or alimony at a judge’s discretion.
Illinois, however, has not recognized any fault-based grounds for divorce for many years. If you file for divorce in 2026, the state only recognizes "irreconcilable differences" as a valid reason for divorce, which does not assign blame to either party. This greatly simplifies the divorce process, but spouses in Illinois must still meet certain conditions to show that there are irreconcilable differences.
Proving Irreconcilable Differences Through Testimony
In most cases, proving irreconcilable differences for a divorce is relatively simple. In Illinois, the judge will accept that there are irreconcilable differences if you testify to the court that the marriage has undergone an "irretrievable breakdown" and that all attempts to mend it have failed, or that trying to fix the marriage is impractical at this point and would not serve the family’s best interests.
When you finalize an uncontested divorce, you will attend what is known as a "prove-up" hearing to verify that your dissolution of marriage aligns with the law. At this hearing, the judge may ask follow-up questions, such as whether you made any attempts to reconcile with your spouse.
Establishing Irreconcilable Differences Through Separation
If your spouse denies that there are irreconcilable differences, you might have to supply extra evidence to prove your case. Under state law, a presumption of irreconcilable differences will be created if two spouses live "separate and apart" for at least six months prior to the finalization of your divorce (750 ILCS 5/401).
Contrary to what you might expect, you do not have to move out of the marital home or stay somewhere else to satisfy the six-month requirement. Rather, the courts will look for evidence that your relationship no longer resembles a marriage, which might mean sleeping in different rooms, not attending the same social functions, or not staying in active communication. If you need help establishing proof of separation, our firm can document evidence supporting your claim, like witness testimony or text messages.
Contact a St. Charles, IL Divorce Lawyer
Before you file for divorce, it is important that you understand the legally recognized grounds for divorce in Illinois. At Shaw Sanders, P.C., we can make sure you are fully informed of the requirements as we work toward a favorable outcome on your behalf. To schedule a free consultation with our Kane County, IL divorce attorneys, call our offices at 630-584-5550 today.
630-584-5550