Understanding What Irreconcilable Differences Mean in a No-Fault Illinois Divorce

 Posted on April 17, 2023 in Divorce

In Illinois, a no-fault divorce is one where a couple can end their marriage without having to prove that one party caused the marriage to break down. Instead, the couple can cite “irreconcilable differences” as the reason for their divorce. Even though Illinois is a no-fault state, it is still essential to hire an experienced divorce attorney to help ensure you can protect your rights.

What Are Irreconcilable Differences? 

Irreconcilable differences are defined as “irretrievable breakdown of the marriage” and require a showing that the marriage was broken down to the point where it could not be repaired. This means the parties have attempted to reconcile and failed or have been living separately and apart for at least six months, and there is no hope for reconciliation. 

When a couple files for divorce based on irreconcilable differences, they must file a petition for dissolution of the marriage and provide a copy to their spouse. The other spouse then has 30 days to file a response to the petition. If the other spouse does not file a response within 30 days, the divorce can proceed as an uncontested divorce. However, if the other spouse does file a response, the parties must attend a hearing to resolve any issues related to their divorce.

Divorce Issues to Resolve 

In an Illinois divorce case, the court will typically divide the marital property and debts in a fair and equitable way. In addition, the court will consider the length of the marriage, the income and earning potential of each spouse, and the contributions of each spouse to the marriage. The court may also consider any other relevant factors, such as the health and age of each spouse and the standard of living established during the marriage. 

In addition to dividing property and debts, the divorcing spouses must make decisions regarding the allocation of parental responsibilities. Therefore, it will be necessary for the spouses to work together when creating their parenting plan, as this will include important details regarding parenting time, visitation, and more.

Contact a Naperville Divorce Attorney

While a no-fault divorce may sound straightforward, it is still crucial to retain the services of an attorney to ensure that all matters are taken care of appropriately. Contact the Will County divorce lawyers with Law Office of Ronald L. Hendrix, P.C. for knowledgeable legal counsel. We know how difficult divorce can be and take pride in working closely with our clients to ensure their rights and best interests are always protected. Call 630-355-7776 for a free consultation.

Source -https://www.ilga.gov/legislation/ilcs/ilcs4.asp?ActID=2086&ChapterID=59&SeqStart=3700000&SeqEnd=5200000