No-Fault Divorce in Illinois
State-specific overview · Family Law
Illinois allows no-fault divorce based on irreconcilable differences with a 6-month waiting period if contested.
How Illinois treats No-Fault Divorce
Either spouse can file for divorce citing irreconcilable differences. If both spouses agree and sign a settlement agreement, the divorce can be finalized without a waiting period. If the divorce is contested or unresolved, Illinois imposes a 6-month waiting period from filing before the court can grant the divorce. This creates an incentive for couples to negotiate and settle quickly to avoid the mandatory delay.
The general definition of No-Fault Divorce
A divorce granted without requiring either spouse to prove wrongdoing by the other.
A no-fault divorce is a divorce where neither spouse has to prove that the other did something wrong, like infidelity or abuse. Instead, one or both spouses simply state that the marriage is irretrievably broken or that they have irreconcilable differences. This is the most common type of divorce in the United States today. No-fault divorces are generally faster and less contentious than fault-based divorces because they don't require gathering evidence of misconduct.
Read the full No-Fault Divorce entry →This page is a plain-English reference and is not legal advice. State laws change frequently. For specific situations consult a licensed attorney in Illinois.