Illinois Is A No Fault State When It Comes To Divorce

What is a “No-Fault” Divorce?

Basically a “no-fault” divorce means that neither spouse was at fault for the split.

The no-fault grounds are pretty simple:

  • irreconcilable differences have caused the breakup
  • efforts of reconciliation have been unsuccessful
  • reconciliation would be unrealistic and not in the best interests of the parties

As of January 1, 2016, Illinois is a no-fault state when it comes to divorcing or the dissolution of marriage. Public Act 99-90 has removed all fault-based grounds for dissolving a marriage. Since January 1, 2016, there will only be a single ground – irreconcilable differences.

In addition, this means that if you and your spouse agree that irreconcilable differences have arisen in your marriage, there may not be a waiting period to divorce. While the only grounds for dissolving a marriage are now only irreconcilable differences. Courts can still declare a marriage invalid, which is an entirely different process from dissolving a marriage. If you would like to learn more, please contact our law offices.