Law Offices of Anthony R. Scifo – Divorce Lawyer South Elgin – 847-628-8311
Many Illinois couples who decide to split up make use of the state’s irreconcilable differences grounds for divorce. Even though this is not officially a no-fault rule, it’s the nearest thing to no fault in Illinois. For example, a spouse may file for divorce on grounds of irreconcilable differences. However, they don’t need to accuse the other spouse of fault or wrongdoing to end the marriage.
Irreconcilable Differences – Divorce Lawyer South Elgin
Claiming irreconcilable differences basically means that at least one of the spouses no longer wishes to remain in the marriage. Courts generally refer to this as an “irretrievable breakdown” of the marriage.
To cite this as grounds for divorce, the non-filing spouse must agree this to be true. If the non-filing spouse wants to save the marriage, they can object to using irreconcilable differences. If that is the case, the divorce is then contested and is then no longer a no-fault divorce.
For irreconcilable differences to serve as grounds, spouses must agree on divorce settlement issues. For instance, they should agree on distribution of property and child custody. At the minimum, spouses should be close to agreeing on those major issues. That way they’ll reach a settlement with relatively minimal conflict.
Waiting Period in Illinois – Divorce Lawyer South Elgin
In Illinois, there’s a two-year separation rule in its version of a no-fault divorce. However, if both spouses agree there are irreconcilable differences, the waiting period can be waived to some degree. The court may allow the divorce to complete after just six months in some cases.
It is not necessary to live apart for six months before filing for divorce. Although courts still will not finalize the divorce until that six month period expires.
Consult with a lawyer today at 847-628-8311.