As of 2016 Illinois is a no-fault divorce state. Fault-based grounds like infidelity or mental cruelty are no longer applicable, and make no difference in the outcome of your divorce. The only ground for dissolving a marriage in Illinois is what’s called irreconcilable differences. Irreconcilable differences means that there was an irretrievable breakdown of your marriage, your efforts at reconciliation with your spouse has failed, and future attempts at reconciliation with your spouse would be either impracticable or not in the best interests of your family.
Madilyn Keating Ellsworth is an associate attorney at the Chicago-based firm Boyle Feinberg Sharma. Madilyn practices all aspects of family law including child custody, child support, distribution of assets, and post-dissolutions matters.