Do I Have to Prove Fault in an Illinois Divorce?

 Posted on March 06, 2025 in Divorce

Divorce is never easy, but the idea of proving that your spouse caused the marriage to fail can make the process seem even more daunting. You might be wondering if you need to gather evidence of infidelity, financial misconduct, or abuse just to end your marriage. The good news is that Illinois law no longer requires you to assign blame. If you are thinking of filing, an Illinois family law attorney can help you understand how fault factors into a divorce and guide you through the necessary legal steps.

Is Illinois a No-Fault Divorce State?

Illinois follows a no-fault divorce system, meaning neither spouse is required to prove that the other did something wrong to cause the marriage to fail. Instead, state law requires that the couple has "irreconcilable differences" that have led to the breakdown of the marriage.

Under the Illinois Marriage and Dissolution of Marriage Act, the court must determine whether the marriage has broken down beyond the point of repair before granting a divorce. The law assumes this breakdown has happened if the spouses have lived separately for at least six months, although they do not have to live in different homes.

What Are Irreconcilable Differences?

"Irreconcilable differences" simply means that the couple's marriage cannot be fixed. Unlike fault-based divorces, where one spouse has to prove misconduct such as adultery or cruelty, no-fault divorce eliminates the need for blame. As long as one spouse states that the marriage is beyond repair, a judge can grant the divorce.

What If My Spouse Was Unfaithful or Abusive?

While Illinois courts do not consider fault when deciding whether to grant a divorce, certain behaviors like infidelity or abuse may still impact other aspects of the case. For instance:

• Property Division: While misconduct does not usually affect property division, if a spouse wasted marital assets on an affair or engaged in reckless spending, the court may adjust the distribution of assets.

• Spousal Maintenance: In most cases, marital misconduct does not influence spousal maintenance decisions. However, if a spouse's actions significantly impacted the couple’s finances, a judge may take this into consideration.

• Child Custody and Visitation: Courts will prioritize the child's best interests in custody decisions. If one parent has a history of domestic violence or substance abuse, it could impact his or her parental responsibilities and parenting time.

Do I Need to Prove Anything in My Divorce Case?

Although you do not need to prove fault, you must still meet the legal conditions for divorce. This includes:

• Fulfilling the residency requirement for at least one spouse to have lived in Illinois for a minimum of 90 days before filing for divorce

• Establishing that irreconcilable differences exist

• Resolving issues such as property division, spousal support, child custody, and child support before the court finalizes the divorce

Contact a DuPage County, IL Divorce Lawyer

If you are considering divorce, you do not have to prove that your spouse was at fault. However, navigating the legal process can still be complex. A Wheaton, IL divorce attorney at Goostree Law Group can provide the representation you need to ensure your rights are protected. Contact us today at 630-364-4046 to discuss your case during a free consultation.