Several options exist for couples navigating an Illinois divorce. Although most divorces have some emotional strain attached to them, couples can often work out their differences before a proceeding is required to go to court. The law permits any agreement between the parties to stand unless a judge later examines the settlement and finds one party may have unfairly benefitted over another. In such a case, the judge has the authority to overturn a divorce settlement.
Illinois has many grounds for divorce that can be used when filing paperwork, but the majority of people cite ‘irreconcilable differences’ to obtain a no fault divorce. When this is used in a divorce filing, it most likely means there is no chance of reconciliation and the marriage is beyond repair. Under Illinois law, the parties who cite this as the basis for their divorce must have lived apart for two years. A waiver is available, as long as both parties agree and their separation has lasted for a minimum of six months.