Grounds For Divorce

Before a judge will grant a divorce, a spouse or both spouses must prove grounds. The only grounds for divorce recognized in Illinois are irreconcilable differences which some people refer to as no-fault divorce. Illinois law defines irreconcilable differences as the “irretrievable breakdown” of a marriage. The spouses are required to either be separated for six months in separate households or within the same household during the time of the breakdown of the marriage, or to assert there is a breakdown in the marriage, but all efforts at reconciliation have failed, and that future attempts to reconcile would not be “in the best interest of the family.” #groundsfordivorce,

Common Law Marriages

Common law marriages are not valid in Illinois, so you need a license to be legally married in this state. Unless you entered into a common law marriage in another state that allows them, or allowed them while you were living together, you were not married.

Changes regarding custody and visitation rights

Prior to 2016, the parties were defined as a "custodial parent" or "non-custodial parent," and the "non-custodial parent" was allotted "visitation rights."  The terms "custody" and "visitation" have been done away with and replaced with "allocation of parenting time and responsibility."  The intention is to soften the blow for the parent who would have previously been labeled as "non-custodial" and to reduce disputes over custody. 

In addition, parenting responsibility is divided into four categories: medical, education, religious, and extra-curricular.  The responsibility for making decisions regarding each of these separate categories will be divided among the parents either by agreement or by order of the court. 

Grounds For Divorce In Illinois

As of 2016, the only grounds for divorce is irreconcilable differences.  Prior to 2016 the required period to live separate and apart would vary based on the grounds for divorce.  Now, as long as the parties agree to waive this waiting period, the spouses are not required to live separate and apart prior to filing for divorce.  If the parties cannot agree to waive the waiting period, they are required to live separate and apart for 6 months prior to filing for divorce.