If you’re filing for a divorce in Illinois, you may simply feel that you are ready to be done with the marriage. Your spouse never had an extramarital affair. They weren’t emotionally or physically abusive. They didn’t really do anything wrong, but the relationship has simply run its course.
But is that enough of a reason to get divorced in Illinois? Or do you have to show that your spouse caused it and was responsible for the end of the marriage?
No-fault divorce laws
To start with, Illinois has no-fault divorce laws. This is also true in most other states. You can simply cite irreconcilable differences. You don’t need another reason for the divorce.
In fact, the court isn’t actually deciding if they should grant you the divorce or not. That is why you do not have to prove that your spouse was at fault. The court is supposed to help you with the legal process of getting divorced as you divide assets, split up parenting time, etc.
In fact, in recent years, Illinois has updated state laws to entirely eliminate fault-based divorces. Some states will still allow you to choose between a no-fault divorce that uses irreconcilable differences and a fault-based divorce due to something like abandonment, cruelty, mental incapacity, felony arrest or an affair. In Illinois, none of these things are necessary for the divorce to be granted, so everyone has a no-fault divorce.
This does make divorce easier in some ways, but it still can become complex and contentious, and it is important for you to understand all of your legal options.