Grounds For Divorce Under Illinois Law

Barrington Divorce Attorney

Effective January 1, 2016, many statutory provisions under the Illinois Marriage and Dissolution of Marriage Act will significantly change, including those pertaining to grounds for divorce. 

Going forward, divorce in Illinois will be based upon no-fault grounds of irreconcilable differences.  This means that irreconcilable differences have caused the irretrievable breakdown of the marriage and the Court determines that efforts at reconciliation have failed or that future attempts at reconciliation would be impracticable and not in the best interests of the family.  Please note that if the parties live separate and apart for a continuous period of not less than six (6) months immediately preceding the entry of the judgment dissolving the marriage, there is an irrebuttable presumption that the requirement of irreconcilable differences has been met. 

Previously under Illinois law, a divorce/dissolution of marriage could be based upon no-fault grounds or fault grounds, as follows:

  • No-fault Grounds: No-fault grounds occurred when the spouses lived separate and apart for a continuous period in excess of two (2) years and irreconcilable differences caused the irretrievable breakdown of the marriage, and the Court determined that efforts at reconciliation have failed or that future attempts at reconciliation would be impracticable and not in the best interests of the family.

  • Fault Grounds: Fault grounds were based upon, without any cause or provocation by the spouse filing for divorce, a spouse's adultery, bigamy, desertion (for one year), habitual drunkenness (for two years), excessive use of addictive drugs (for two years), extreme and repeated physical or mental cruelty, infection of the other spouse with a sexually transmitted disease, natural impotence (at the time of the marriage and thereafter), attempted murder of the other spouse, or the conviction of a felony or other infamous crime.

Due to the complex nature of irreconcilable differences and their significant legal implications, it is prudent to contact a dedicated divorce attorney. Attorney Blake Austin Culver at Richard W. Culver, Ltd. can help you carefully review the complex nature of irreconcilable differences in Illinois. With so much at stake, consider six benefits of hiring a diligent Barrington divorce attorney.

Contact a Divorce Lawyer at Richard W. Culver, Ltd. in Barrington, Illinois

Call Richard W. Culver, Ltd. at 847-382-2900 or complete our contact form to schedule a confidential consultation. Weekend and evening appointments are offered as necessary to accommodate clients' schedules.