Proving Irreconcilable Differences in Your Divorce Case

 Posted on March 11, 2025 in Divorce

Every state has its own interpretation of what constitutes "fault" in a divorce case. Some states allow spouses to hold their partners responsible for the end of a marriage, which can make a difference in property division or alimony awards. Illinois, however, is a strictly no-fault state, meaning that you cannot blame your spouse for your divorce. Instead, you only have to prove that you and your spouse have "irreconcilable differences" that make the marriage "irretrievably broken".

A skilled Illinois divorce attorney can help you file for a dissolution of marriage, and show the court that you and your spouse have" irreconcilable differences", while providing you with strong counsel. At the Law Office of Vincent C. Machroli, P.C., attorney Vincent Machroli prioritizes the needs of his clients, drawing on his 38 years of experience in assisting with family law matters.

How Will a No-Fault State Affect My Divorce?

Since "irreconcilable differences" are the only grounds that Illinois recognizes for divorce, an Illinois domestic relations judge will not make any decisions in a divorce case based on factors like infidelity when it comes to property division, child custody, or any other issue in your divorce. Legitimate claims of abuse – which need to be backed up by evidence – may affect child custody, but decisions will always be made according to what is in the best interests of the child. 

However, even without claiming one spouse was at fault for the breakdown of the marriage, you will still need to show the court that "irreconcilable differences" exist. This can be done in a couple of ways. 

1. "Irreconcilable Differences" Based on Testimony

You can get divorced in Illinois by testifying to a judge that you and your spouse have " irreconcilable differences". The following criteria must be met:

• There has been an irretrievable breakdown in your marriage;

• All attempts to repair the marriage have failed; and

• Reconciliation is not a viable option.

In most cases, spouses agree that their marriage is over and that they have "irreconcilable differences". However, a spouse can contest the grounds for divorce. If a spouse does not want to get divorced and presents evidence showing the above criteria has not been met, the divorce might be delayed. However, this is not the only way to prove irreconcilable differences in a divorce.

2. "Irreconcilable Differences" Based on Separation

You can also demonstrate "irreconcilable differences" through separation. Specifically, you must live "separate and apart" from your spouse for at least six months. This must be a continuous period without any interruptions. If spouses have lived separate and apart for six months, the court will presume the marriage has broken down. 

Separation does not necessarily mean living in different residences. You could live in the same household with your spouse and still lead a separate life, by keeping different bank accounts, sleeping in other rooms, not presenting yourselves as a couple, and keeping a physical and emotional distance from your spouse.

Documenting evidence of your independent life – such as bank statements or witness testimony – can make proving "irreconcilable differences" easier if there are disputes about the legitimacy of the separation.

Meet With an Oak Park, IL Family Law Attorney Today

Realizing that your marriage is past the point of repair can be hard to accept, but you do not have to move on alone. At the Law Office of Vincent C. Machroli, P.C., we are here to help you through this challenging chapter of your life. Our Hillside, IL divorce lawyer can help you file for a dissolution of marriage, and then represent you in negotiations in and outside of court. Call our offices at 708-449-7404 for a free consultation.