Do I Need Grounds For Divorce?
Grounds used to be a bigger part of divorce than it is now. While Illinois still requires grounds, as of Jan. 1, 2016, the grounds for divorce in Illinois are irreconcilable differences. This is a no-fault ground and with this change, the state is now in line with many other states in the country that have abolished fault-based grounds. The grounds of irreconcilable differences will be presumed if (1) the parties have lived separately continuously for the six months preceding the divorce and (2) past efforts at reconciliation have failed and (3) the parties believe that future efforts at reconciliation would be impracticable and not in the best interests of the family. If any one of those three factors is not present, then the petitioner would have to give testimony to convince the court of irreconcilable differences; i.e. it could not be presumed. Most of the time people just wait and or do the things required to proceed on the presumption.