At the beginning of the year, changes went into effect in Illinois related to the process for obtaining a divorce. The fault grounds for a divorce have been eliminated. Instead, divorces will be granted when irreconcilable differences exist in the marriage.

Elimination of Fault

Previously, divorce in Illinois could be based on some sort of fault by one of the parties. This included acts such as adultery or physical and/or mental cruelty. As 2016 begins, Illinois will no longer deal with these fault grounds for divorce. Instead, under Illinois law, couples can get divorced when it is shown that they have irreconcilable differences causing an irretrievable breakdown of the marriage. This means that prior efforts at reconciliation have been unsuccessful and future attempts are not practicable.

Going through a divorce is usually emotionally difficult for all parties involved. There are many different reasons why people choose to file for divorce, but it is generally never an easy decision to make. Some couples may mutually recognize that their relationship is crumbling, that communication is strained, and that each would be better on their own. In other cases, one spouse may file for divorce without any knowledge or anticipation by the other spouse. Regardless of why a divorce is filed, there is almost always a good reason why that decision was made.

When determining whether or how to proceed with dissolution of your marriage, it is helpful to enlist the help of a trained legal professional who can help you decide what the best process is for you and your family. A family law attorney can also help explain the best grounds to proceed on in a divorce. Grounds for divorce are the legal bases courts use to allow a divorce to proceed, and there are several different approaches and grounds possible.