What Are the Grounds for Divorce in Illinois?

Divorce laws differ from state to state and change over time, so it helps to know the current rules before you file. In Illinois, a divorce is called a dissolution of marriage, and the court ends the marriage with a judgment that also settles parenting, property, debt, and support.

This page explains the one ground Illinois accepts, the residency rule, how the six-month separation presumption works, and what happens if your spouse does not agree.

Illinois Is a No-Fault State

Illinois grants a divorce on one ground: irreconcilable differences have caused the irretrievable breakdown of the marriage.¹ The court must also find that efforts at reconciliation have failed, or that future attempts would be impractical and not in the family’s best interests.

Fault grounds such as adultery or cruelty were removed effective January 1, 2016.² There is no fault-based Illinois divorce to file, and you do not have to prove your spouse did anything wrong.

Residency and Where to File

At least one spouse must have lived in Illinois, or been stationed here with the armed services, for 90 days.³ The 90 days are measured before the case is filed or before the court makes its findings, and there is no separate waiting period after filing.

The petition is filed with the circuit clerk in the county where either spouse lives. Filing fees vary by county, and a spouse who cannot afford them can ask the court to waive them.⁴

How the Six-Month Separation Presumption Works

If the spouses have lived separate and apart for a continuous period of at least six months immediately before the judgment, there is an irrebuttable presumption that irreconcilable differences exist.⁵ The court does not need further proof on that point.

Six months apart is not a requirement to file. A spouse can file at any time and prove irreconcilable differences another way. The presumption simply removes the question if the separation has lasted six months by the time of judgment.

Whether the grounds will be disputed rarely decides an Illinois divorce, but how and when you file can shape everything else. Johnson Law Group offers a no-pressure consultation to plan the first steps with you, so schedule a consultation before you file.

Is Illinois a 50-50 Divorce State?

No. Illinois divides marital property in just proportions, which means fairly rather than necessarily equally, and it does so without regard to marital misconduct.⁶ Marital property is generally what either spouse acquired during the marriage, regardless of whose name is on it.

Non-marital property stays with the spouse who owns it. That includes property acquired before the marriage, gifts and inheritances, property acquired after a judgment of legal separation, and property excluded by a valid agreement.⁷

In dividing marital property and debt, the court weighs factors including:

• Each spouse’s contribution to acquiring, preserving, or increasing the marital property, including as a homemaker.
• Dissipation of marital property by either spouse.
• The value of the property assigned to each spouse and the length of the marriage.
• Each spouse’s economic circumstances, age, health, occupation, income, and employability.
• Obligations from a prior marriage, and any valid premarital or postnuptial agreement.
• The tax consequences of the division, and each spouse’s opportunity to acquire future assets and income.
• The needs of each parent in meeting parental responsibilities.

The Illinois property division process applies those factors to the specific assets in your marriage.

Do Both Spouses Have to Agree?

No. Agreement is not required to obtain a divorce in Illinois, and refusing to participate does not stop the case.

Once served, the other spouse has 30 days, not counting the day of service, to file an appearance or answer.⁸ If they do not, the filing spouse can ask the court to proceed by default; the judge still reviews the proposed terms before entering a judgment.

If your spouse does participate and agrees on the terms, the case is uncontested. How long an uncontested divorce takes in Illinois covers that path, and what to do after being served covers the other side of it.

Talk With an Illinois Divorce Attorney

Illinois only requires irreconcilable differences, so the grounds are rarely the hard part, but the decisions that follow deserve careful preparation. Johnson Law Group is here to help.

The attorneys at Johnson Law Group guide clients through Illinois divorces and will give you a clear read on what your case will need. Schedule a free consultation through our Illinois office, and we will serve as your North Star from here.

Sources