Illinois is a Pure No-Fault Divorce State
In 2016, Illinois became a pure no-fault state provided the parties lived separately for six months before the divorce.
I heard that Illinois is a “no fault” divorce state. What does this mean?
No fault divorce has a technical meaning:
- Irreconcilable differences have caused the irretrievable breakdown of the marriage; and
- The court finds that efforts at reconciliation have failed or that future attempts at reconciliation would be impracticable and not in the best interests of the family.
Are there any other grounds that can be alleged in Illinois to get a divorce?
No.
What does it take to obtain a no-fault, or irreconcilable-differences, divorce?
Illinois law provides an irrebuttable presumption regarding irreconcilable differences once the parties have lived separately for six months before the divorce.
So, what is an irrebuttable presumption?
Basically, that means that if one is living separately for the last six months before the divorce, it is impossible to contest grounds. So if the parties meet the the separation requirement, there is no need to provide proof of anything else if one party assets that no-fault grounds exists.
What does living separate and apart mean?
Caselaw holds that the parties may live separate and apart while in the same house if they live in separate bedrooms and certain other conditions are met.
Are grounds for legal separation different than grounds for divorce?
Not really. See the Gitlin Law Firm’s Q&A regarding legal separation.
