Illinois divorce courts accept both no fault and fault grounds for divorce. When filing for no fault divorce, the couple must be living separate and apart for at least two continuous years and irreconcilable differences are shown to have caused the irretrievable breakdown of the marriage. The Illinois divorce court must also determine that efforts to reconcile have failed and future attempts would not be in the couple's best interests.
Spouses can waive the two year separation requirement if the couple has been living apart for at least six months continuously with a written agreement by both spouses filed with the court, stating the couple has been separated for six months.
Fault divorce grounds include:
The above synopsis of Illinois divorce laws is by no means all-inclusive and has been adapted from applicable state laws. These laws may have changed since our last update and there may be additional laws that apply in your situation. For the latest information on these divorce laws, please contact a local Illinois divorce attorney in your area.
Illinois divorce laws were last updated May 2009.
Note: Keep in mind that all divorce laws are complex. If you need legal divorce advice or want to fully understand how these laws affect you, please speak with a local divorce attorney.