Your Family Matters

Do you need a reason to get divorced in Illinois?

On Behalf of | Jun 18, 2024 | family law

People will sometimes procrastinate divorce because they are simply looking for a good reason to file. They may even believe that having this reason is necessary. If their spouse isn’t abusive or hasn’t had an affair, they don’t think that they have a good enough reason to be granted a divorce in the first place.

But do you actually need a reason? Isn’t wanting to get divorced enough? It’s important to understand how the laws work in Illinois.

Irreconcilable differences

You do need a reason to get divorced in Illinois, but you do not have to prove that your spouse was at fault. This is a key distinction to make, as some people claim that a “no-fault” divorce means that you can get divorced for “no reason”. But that isn’t how it works. You do have to show grounds for the divorce, and you can claim that there are irreconcilable differences between you and your spouse.

You may also have to claim to the court that you have tried to reconcile and it’s impossible or that doing so doesn’t put the best interests of your family first. There’s been a breakdown in your relationship, and there’s no way for you to fix it. You may have been living separately for the last six months, but Illinois will also allow you to file on these grounds even if you were living together.

A no-fault divorce can be easier to get, in some ways, than a fault-based divorce. But it can still be very complex and there are many details to sort out regarding asset division or child custody. This is why it’s so important for you to know what legal steps to take.