Is Illinois a no fault divorce state?
In Illinois, one can proceed with a divorce on the basis of “no fault” if “irreconcilable differences” have arisen between the parties causing an “irretrievable breakdown in the marriage.” However, in order to proceed on the basis of “irreconcilable differences” the parties must have lived separate and apart for a period of two years. The parties can waive the two-year separation requirement by agreement after having been separated for a period of six months. Separated does not mean that the parties no longer live together in the same residence. In fact, more and more divorcing spouses are living together during the pendency of the divorce proceedings for economic reasons or for reasons related to the children. Separated in this context means no longer living as husband and wife and suggests a cessation of sexual relations between the spouses.
