What Does Irreconcilable Differences (I/D) Mean in Illinois?

DuPage County Family Law Attorneys Assisting You With Your Divorce

When a spouse initiates the divorce process, they will file a petition for dissolution of marriage. This petition will provide the grounds for divorce, which are the reasons why the spouse believes divorce is necessary. While there were a variety of different types of grounds that could be included in divorce petitions in the past, Illinois law now only recognizes one grounds for divorce: irreconcilable differences.

The definition of irreconcilable differences, or I/D, is when a marriage has broken down to the point where it simply cannot be saved anymore. Why is this important? Under Illinois law, irreconcilable differences is the only basis for divorce that is acknowledged by the courts. Our team at Mirabella, Kincaid, Frederick & Mirabella, LLC can assist you in showing the courts that irreconcilable differences have occurred in your marriage so that you may petition for divorce. We can provide you with dedicated representation throughout the entire process of ending your marriage, ensuring that all legal issues will be addressed correctly while advocating on your behalf during negotiations with your spouse or inside the courtroom.

Understanding Irreconcilable Differences

In order to show that your marriage should end due to irreconcilable differences, you must state that any previous attempts at reconciling have not only failed, but also that any further attempts to do so would not be practical. You may also point out how continuing to attempt reconciliation may not be best for the rest of your family. There are some cases where one of the spouses may try to challenge whether there are irreconcilable differences. However, in most cases, if one person wants the divorce, it will be granted by the court. There are certain presumptions that may apply in cases where questions arise about irreconcilable differences, including when determining whether couples who have been separated for a certain period of time can proceed with a divorce. If a separation has lasted for at least six months, this is considered irrefutable proof that irreconcilable differences have arisen. To be clear, however, there is no current Illinois law stating that the parties have to live separately for any length of time before a divorce can be granted. By limiting the grounds for divorce to irreconcilable differences, Illinois law has attempted to reduce some of the conflict that may occur in divorce cases and allow couples to dissolve their marriages more quickly and efficiently. Since neither spouse will be blamed for the end of a couple's marriage, a couple can avoid disputes over why the divorce is occurring. With no-fault divorce, a spouse will not need to prove that their marriage should end for any reason other than the breakdown of their relationship, and they can focus on resolving the practical aspects of their split, including how they will divide their marital property, how they will handle child custody, and whether child support or spousal support will be paid by one spouse to the other.

Contact Our DuPage County Divorce Lawyers

If you have any questions or concerns in regard to petitioning for divorce, please feel free to contact our office at Mirabella, Kincaid, Frederick & Mirabella, LLC. Our decades of divorce and family law experience can help fill in any blanks you may have during this process. If you live in DuPage, Kendall, or Kane Counties, please call us at 630-665-7300. Set up an initial consultation with one of our attorneys today.