If you are planning to file for divorce in Illinois, but you know your spouse does not want to move forward with the divorce, you may be wondering how Illinois divorce law handles such cases. In other words, you might want to know: Do both parties have to agree to divorce in Illinois?
While a divorce case may be able to move more quickly and smoothly when both parties agree to the divorce and all terms of the dissolution of marriage, you should know both spouses do not have to agree to divorce in order for a divorce to be granted.
Under the Illinois Marriage and Dissolution of Marriage Act (IMDMA), there is a presumption that the no-fault requirement of “irreconcilable differences” has been met once the parties live separate and apart for a specific period of time, and there is little a spouse can do to prevent divorce once the requirements have been met. A divorce lawyer in Chicago can explain in more detail.
Uncontested Divorces Can Be Faster and More Cost-Effective But Are Not Necessary
In Illinois, when both parties agree to the divorce and have reached an agreement about all terms of the divorce — from the division of marital property to the allocation of parental responsibilities — the divorce process can be more efficient. Since an uncontested divorce does not require a court to hear all the facts of the case and to render a decision on specific issues, the divorce can proceed in a faster and more cost-effective fashion, but an uncontested divorce certainly is not necessary.
There are many situations in which one spouse files for divorce and the other spouse refuses to sign the divorce papers or attempts to contest the no-fault grounds for divorce in order to prevent the divorce from happening. However, such efforts to avoid divorce typically are not effective once the “irreconcilable differences” requirement has been met.
To be clear, once the spouse who files a petition for the dissolution of marriage is able to show that the requirements for a divorce have been met, a spouse who disagrees about the divorce will have little ability to prevent the court from granting the divorce.
Meeting the “Irreconcilable Differences” Requirement for a Divorce in Illinois
Even if your spouse refuses to agree to the divorce, you will usually only need to show that the requirement of “irreconcilable differences” has been met. What do we mean by this? Under Illinois law, the party who files a petition for the dissolution of marriage must plead that irreconcilable differences have led to the breakdown of the union. Then, the court must determine that efforts towards reconciliation have not succeeded, or that future attempts would not be practical and in the family’s best interests.
How can you show that this “irreconcilable differences” requirement has been met? It is relatively easy once you have lived separate and apart from your spouse for six months or longer. To be sure, the IMDMA explains that, if the parties reside separately for a continuous period of six months immediately prior to the entry of the divorce judgment, there is an irrebuttable presumption that irreconcilable differences exist. Accordingly, you will not need to provide any evidence other than proof that you have been living separately and apart from your spouse for six months or more.
Frequently Asked Questions About Divorce In Illinois
What is the process for filing for divorce in Illinois?
To file for divorce in Illinois, one spouse must have been a resident of the state for at least 90 days prior to filing. The process begins with filing a petition for divorce, which outlines the grounds for divorce and any requests for property division, child custody, and support.
Is Illinois a no-fault divorce state?
Yes, Illinois is a pure “no-fault” divorce state, meaning you don’t need to prove that your spouse did something wrong to get a divorce. The only ground for divorce is “irreconcilable differences” that have led to the “irretrievable breakdown” of the marriage.
Do I need to separate before filing for divorce?
Illinois doesn’t require couples to separate before filing for divorce. However, if you and your spouse have lived apart for at least six months before filing, the court will presume that there are irreconcilable differences.
How long does the divorce process take in Illinois?
The duration of the divorce process can vary. It can take as little as a few weeks if both parties agree on all issues, but it can take several months or even years if there are disputes that need to be resolved in court.
How is property divided in an Illinois divorce?
Illinois follows the principle of equitable distribution, meaning property is divided fairly but not necessarily equally. Factors considered include each spouse’s contribution to the marriage, the duration of the marriage, and the economic circumstances of each spouse.
What is spousal maintenance (alimony)?
Spousal maintenance, or alimony, is financial support paid by one spouse to the other after a divorce. It is awarded based on factors such as the length of the marriage, the standard of living during the marriage, and the financial resources of each spouse.
How is child custody determined in Illinois?
Child custody is determined based on the best interests of the child. The court considers factors such as the child’s age, the wishes of the child and parents, the mental and physical health of all parties, and the ability of each parent to provide a stable environment.
What is child support and how is it calculated?
Child support is financial support paid by the non-custodial parent to help cover the costs of raising the child. It is calculated based on the income of both parents and the needs of the child.
Can I modify my divorce agreement after it is finalized?
Yes, you can request a modification of your divorce agreement if there are significant changes in circumstances, such as a change in income, relocation, or changes in the needs of the child.
Do I need a lawyer for my divorce?
While not required, it is highly recommended to consult with a divorce attorney to navigate the legal process, protect your rights, and ensure a fair outcome.
Contact Our Chicago Divorce Lawyer
If you have questions about proving irreconcilable differences in a contested divorce, our Chicago divorce lawyers can assist you. Contact Michael C. Craven today for more information.
(Updated 112/10/2024)
