Understanding "No Fault" Divorce in Illinois: Legal Grounds and Process
Robert Thomas • January 21, 2026
Overview of No-Fault Divorce in Illinois
Since January 1, 2016, Illinois divorce law recognizes only one legal ground for dissolution of marriage: "no fault." This means that couples seeking divorce must demonstrate irreconcilable differences that have led to the irretrievable breakdown of their marriage.
Historical Context of Divorce Grounds
in Illinois
Before the 2016 reform, Illinois permitted both fault-based and no-fault divorces. The no-fault option was introduced in 1984, requiring a two-year separation period, which could be shortened to six months with a signed agreement. Fault-based grounds included adultery, mental cruelty, habitual drunkenness, and other behaviors.
Legal Requirements for No-Fault Divorce
To proceed under the current no-fault framework, the petitioner must affirm in court that:
- Irreconcilable differences have caused the breakdown of the marriage
- Past reconciliation efforts have failed
- Future reconciliation attempts would be futile and not in the family's best interest
- These affirmations are made during testimony, with the respondent given an opportunity to agree or dispute the claims.
The Six-Month Separation Rule
Illinois law also requires that the couple live "separate and apart" for at least six continuous months before the final judgment. Importantly, this does not necessitate physical separation—couples may reside in the same home but must mentally and emotionally consider the marriage over during this period.
Once the petitioner confirms this separation in court, the presumption of irreconcilable differences becomes legally irrebuttable, allowing the court to finalize the dissolution.
