No Fault Divorce

No Fault Divorce is where both parties agree to all the terms of the divorce. A no-fault dissolution reflects the theory that the State’s interest in preserving a marriage is no longer served when the parties do not share that interest.  Also, no-fault grounds are intended to reduce the acrimony attendant to dissolution of marriage and the amount of dissolution litigation crowding the courts.

No fault grounds require a showing that irreconcilable differences have caused an irretrievable breakdown of the marriage, and that attempts at reconciliation would be impracticable and not in the best interests of the family.

The Illinois courts have looked to other states to define irreconcilable differences.  For example, the existence of marital problems which have so impaired the marriage relationship that the legitimate objects of matrimony have been destroyed.  Where either or both parties are unable or refuse to cohabit and thee are no prospects for reconciliation.

As a practical matter, where one spouse is determined to obtain a divorce and the time requirements have been satisfied, he will be able to obtain a no fault dissolution of his marriage in Illinois.

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