Illinois Divorce Law...

Illinois Law - What Are The Grounds for Divorce

There are two sets of grounds for divorce in Illinois: fault and no-fault.

Here are the no-fault grounds, which are by far the most commonly used:

• The spouses have lived separately for a continuous period in excess of 2 years (or six months if the parties agree to the divorce); and
• Irreconcilable differences have caused an irretrievable breakdown of the marriage; and
• The court determines that efforts at reconciliation have failed or that future attempts would be impracticable and not in the best interests of the family.

The "period of separation" includes time living together under the guidance of a professional counselor (psychiatrist, therapist, clergy, etc.). It also includes time living together under written agreement of the parties.

The purpose of this provision is to encourage reconciliations, because parties who might be doubtful about marriage counseling have nothing to lose by agreeing to try.

Section 5/401(a)(2).

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