What are Irreconcilable Differences in an Illinois Divorce Case?

 Posted on May 16, 2023 in Divorce

Divorce is a difficult decision and a complex undertaking. There may be various reasons for the dissolution of marriage, from different values to commitment issues. However, since Illinois is a no-fault state, married couples do not need to assign blame for the divorce. The only ground for divorcein Illinois is irreconcilable differences.

What are Irreconcilable Differences?

Irreconcilable differences are when two married people are completely incompatible, and their marriage has broken down to such an extent that reconciliation is no longer possible.

In Illinois, reconcilable differences are the only basis for divorce.

How Do Couples in Illinois Prove Irreconcilable Differences?

Showing irreconcilable differences is a straightforward process. According to the Illinois Marriage and Dissolution of Marriage Act, the divorcing couple must state that they have differences in marriage, and any attempts to reconcile have failed. In addition, they need to state that any further attempt at reconciliation will not be practical and may not be in the family's best interest.

In some cases, a spouse will try to challenge there are irreconcilable differences in their marriage. If a spouse contests the divorce, the couple will live apart from each other for six months. This is considered to be irrebuttable proof that the marriage has irreconcilable differences.

Living separately and apart from each other doesn't necessarily mean the spouses will have to live under separate roofs. The court understands that the spouses can maintain the same household while still living apart. For example, one spouse may sleep in a spare bedroom or basement instead of the marital bedroom.  

Couples who haven't lived separately and apart for six months can still get a divorce. When both spouses agree that divorce is the only option, the court will not ask them for more information. However, if one spouse contests their marriage is irreconcilably broken, the spouse seeking the divorce will only have to swear in court that there is no chance of reconciliation. In most cases, the court will grant the divorce based on this testimony alone.

How is Irreconcilable Difference Handled in an Illinois Court?

Spouses filing for divorce in Illinois will have to take part in several marriage dissolution steps. This includes dividing assets and property, making arrangements for financial needs like spousal maintenance and child support, determining child custody matters, and starting life as a newly single person.

Contact a Naperville Divorce Lawyer for a Consultation

A divorce can be physically and emotionally demanding. You can contact Naperville no-fault divorce attorneys at the Law Office of Ronald L. Hendrix to discuss legal options. Schedule a free initial consultation with our divorce attorney by calling 630-355-7776.

Source:

https://www.ilga.gov/legislation/ilcs/ilcs5.asp?ActID=2086&ChapterID=59