In Illinois, dissolution of marriage can occur based on irreconcilable differences. This means that neither party needs to prove fault or wrongdoing on the part of the other. Previously, proving grounds such as adultery, abuse, or abandonment was required to obtain a divorce. Now, the legal process focuses on whether the marriage has irretrievably broken down. An example would be a couple who, despite efforts at reconciliation, find themselves consistently disagreeing and unable to coexist harmoniously, leading to the conclusion that the marriage cannot be saved.
This approach offers several benefits. It simplifies the divorce process, potentially reducing legal costs and emotional distress. By removing the need to assign blame, it can foster a more amicable environment for resolving issues related to property division, spousal support, and child custody. Historically, the shift away from fault-based divorce reflected a changing societal understanding of marriage and divorce, acknowledging that incompatibility, rather than malice, is often the primary reason for marital breakdown. The goal is to minimize conflict and allow individuals to move forward with their lives more efficiently.
