Is Illinois A No Fault State For Divorce?

Yes – Illinois law allows for no-fault divorces. Illinois is a “no-fault” divorce state.  The days of having to prove abuse, adultery or alcohol / drug  use are gone.

However, the courts may take one spouse’s claim into consideration when creating a parenting plan that allocates parental responsibilities and parenting time. As an example, if the court believes that one parent was physically cruel, they may place restrictions on that parents time with their child. In other cases, an abusive parent may be denied parenting time completely.

Under current Illinois laws, a divorce petition may state that the spouses have irreconcilable differences, they have tried to work out their problems, and it would be best for all parties if they do not attempt to get back together. If both spouses agree that there are irreconcilable differences, the divorce petition will be approved, and the marriage can be dissolved once a settlement is reached.

One spouse may contest the divorce petition. However, if the spouses live “separate and apart” for at least six months, this will be considered a presumption of irreconcilable differences, and the divorce petition will be granted.  **Please note that spouses may be considered to be living separately even if they reside in the same home if they sleep in separate rooms and maintain separate finances.