As Chicago divorce attorneys, we are often asked why some marriages survive challenges while others end in divorce. The truth is that many factors, including communication, financial stability, personal growth, and trust, shape relationships. When these elements break down, the strain can be too heavy for a couple to manage. In Illinois, once a marriage reaches an irretrievable breakdown, the law provides a structured process for dissolving the union. Our role as attorneys is to help clients understand how legal standards apply to their specific circumstances and to protect their rights during this critical transition.
Marriage can end for deeply personal reasons, but the law requires a specific legal foundation for divorce. Illinois recognizes “irreconcilable differences” as the only grounds for divorce, under 750 ILCS 5/401(a) of the Illinois Marriage and Dissolution of Marriage Act. This means that one or both spouses must demonstrate that the marriage has broken down beyond repair and that reconciliation is not possible. Understanding how the law interprets and applies these issues can make the divorce process clearer.
When marriages fail, the court requires proof of irreconcilable differences. In practice, this does not require detailed testimony about every argument. Instead, Illinois courts presume that if spouses have been living separate and apart for at least six months, the requirement has been met. The separation period, found in 750 ILCS 5/401(a-5), provides the court with evidence that reconciliation is unlikely. This reflects the balance between respecting personal relationships and creating a clear legal standard.
From our perspective, successful marriages tend to have open communication, shared financial goals, and mutual respect. When these foundations are absent, disputes become harder to resolve. Financial strain is one of the most common issues we see leading to divorce filings. Illinois courts directly address financial issues during divorce by dividing marital property equitably under 750 ILCS 5/503, considering factors such as contributions of each spouse, the length of the marriage, and economic circumstances.
Parenting issues also play a major role in the health of a marriage. Disagreements over child-rearing can strain relationships, and when a divorce occurs, Illinois courts determine parental responsibilities and parenting time based on the best interests of the child under 750 ILCS 5/602.7. A marriage may fail because parents cannot agree, but the law ensures children’s needs remain central once the case reaches court.
When a couple decides that their marriage cannot continue, the legal process becomes the framework for resolving financial and parenting disputes. Temporary orders may be issued under 750 ILCS 5/501 to provide structure while the case is pending. Final judgments determine division of property, parenting responsibilities, and support obligations. Understanding how these laws operate allows individuals to approach divorce with clearer expectations and better preparation.
As attorneys, we emphasize that while marriages may fail for personal reasons, the outcome of a divorce is shaped by the law. By examining the statutes and applying them strategically, we can help clients protect financial interests, parenting rights, and long-term stability.
Illinois recognizes only “irreconcilable differences” under 750 ILCS 5/401(a). This means that the marriage has broken down beyond repair, and reconciliation is not possible. Courts generally accept this standard without requiring extensive proof, particularly if the spouses have lived separately for at least six months.
Illinois follows the principle of equitable distribution under 750 ILCS 5/503. This means property is divided fairly, though not always equally. Courts consider the contributions of each spouse, the length of the marriage, prior agreements, and economic circumstances. Non-marital property, such as inheritances or property acquired before the marriage, is typically excluded from division.
Illinois law no longer uses the term “custody.” Instead, courts allocate parental responsibilities and parenting time under 750 ILCS 5/602.7. The court’s focus is always on the best interests of the child. This may include decision-making authority for education, health, and extracurricular activities, as well as parenting schedules.
Yes. Under 750 ILCS 5/501, courts may issue temporary orders to provide stability during the case. These may include child support, spousal maintenance, parenting schedules, or restrictions on property use. Temporary orders remain in effect until the final judgment is entered or modified by the court.
No. Illinois is a no-fault state, which means the court does not consider misconduct such as infidelity when granting a divorce. However, conduct may be relevant in specific contexts, such as the dissipation of marital assets, where one spouse wastes marital resources for non-marital purposes.
The timeline depends on the complexity of the issues and the level of cooperation between spouses. Uncontested divorces may be finalized in a few months, while contested cases involving disputes over property or parenting can take a year or longer.
Yes. Prenuptial and postnuptial agreements are enforceable under Illinois law, provided they meet statutory requirements under 750 ILCS 10/1 et seq. Such agreements may determine property division or spousal maintenance, but cannot restrict parenting rights or child support.
At Gordon & Perlut, LLC, we understand why some marriages succeed and why others fail. When the time comes to move forward with divorce, Illinois law provides the framework for resolving issues fairly and efficiently. Our attorneys have decades of experience representing clients in contested and uncontested divorce cases across Illinois.
If you’re facing divorce, contact our Chicago divorce attorney at our Chicago office at 312-360-0250 or our Skokie office at 847-329-0101 to arrange a free consultation. We represent clients throughout the state of Illinois.