Irreconcilable Differences and No-Fault Divorce in Illinois

 Posted on March 19, 2015 in Divorce

Have you reached the point in your marriage where you have done everything you can do? Communication has broken down and is has become clear that you and your spouse are no longer happy together. You may have considered the idea of divorce but thought you did not have a valid reason to file. Your spouse is not abusive, did not cheat, and does not have issues with drugs or alcohol, so you might be thinking that divorce is not really an option. Illinois law, however, provides for the possibility of a no-fault divorce that just might address your particular situation.

It is relatively safe to assume most people realize that state law permits a court to grant a divorce in cases with justifiable grounds. Such grounds include adultery, physical or mental abuse or cruelty, substance abuse, impotence, conviction of a serious crime, and abandonment, among others. Some may not know, however, that the law also provides a mechanism for dissolving a failed marriage, even in the absence of negative actions or behaviors.

The Illinois Marriage and Dissolution of Marriage Act permits a divorce to be granted on the grounds of "irreconcilable differences," as long as certain criteria has been met:

• Period of Separation: The spouses have lived in separate homes for at least two years. By written agreement of both partners, the court may waive the two year requirement but a separation period of six months is still to be enforced.
• Marriage beyond Repair: The court must determine that attempts to save the marriage have failed and that continued efforts would not be practical or in the best interest of the family.
• Children, Assets, and Maintenance: A divorce will not be finalized until all considerations under the jurisdiction of the court have been determined. Division of property, spousal support, and orders for child custody, visitation, and/or support must be established as necessary prior to the divorce decree being entered.

While the first two criteria may prove to be relatively straightforward, the other considerations may be significantly more complex. It may be tempting to negotiate a no-fault divorce without the help of a lawyer, but intricacies of the law can make the process extremely difficult. At A. Traub and Associates, we realize your children and your family’s financial security are extremely important to you and our team is ready to help. Contact an experienced Lombard family law attorney today and get the legal representation you deserve for your no-fault divorce.