Do I Need to Prove a Ground for Divorce in Illinois?

 Posted on August 03, 2023 in Divorce

If you have decided to divorce your spouse, you likely do have a reason. It could be that your spouse has committed adultery, or has become addicted to drugs. Or your reason could simply be that you no longer have romantic feelings toward your spouse. In the past, you might have needed to prove your reasons to a court. There used to be defined grounds for divorce like “extreme cruelty” and “abandonment.” Now, Illinois courts generally only recognize one ground for divorce, and that is that you and your spouse have “irreconcilable differences.” Since 2016, this is the only ground for divorce in Illinois’s new “no-fault” system. While your spouse could certainly be the one who took a course of action that directly caused you to choose to divorce them, you will not likely need to prove it. Courts are more interested in completing your divorce and getting you a final decree than in hearing evidence related to why the marriage has not worked out. It is still best to be represented by an attorney, as there are some facts you may still need to prove. 

How Can I Prove That My Spouse and I Have Irreconcilable Differences? 

In nearly all cases, Illinois courts will simply take your word for it when you say that your marriage has reached a point where you and your spouse cannot reconcile and continue to live as a married couple. Illinois courts have no interest in forcing someone to stay in a marriage that is making them unhappy. You may have some evidence that you have tried to reconcile with your spouse, such as proof that you attended marriage counseling. However, in most cases it is simply not necessary to introduce this type of evidence. 

What if My Spouse Disagrees That We Have Irreconcilable Differences? 

Your spouse could well attempt to prevent the divorce by arguing that your differences are not irreconcilable, or that you have not tried to reconcile. However, they are highly unlikely to succeed. At best, your spouse may be able to slow down the divorce process by forcing you to go to court instead of settling. However, your spouse does not have the power to prevent you from leaving them. You should note that if you live separate and apart from your spouse for a term of six months, there is a legal presumption that you have irreconcilable differences. If your spouse intends to contest the divorce, it is especially important to be represented by counsel. 

Contact a Will County Divorce Lawyer 

Law Office of Ronald L. Hendrix, P.C. is experienced in helping people get divorced regardless of the circumstances that led to it. Our caring Naperville divorce attorneys will strive to make the process as simple and speedy as possible while striving for fair results. To begin with a free consultation, contact us at 630-355-7776. 

Source: 

https://www.ilga.gov/legislation/ilcs/documents/075000050K401.htm