Deciding to file for divorce is not a choice that should be made lightly. While Illinois is a no-fault divorce state under 750 ILCS 5/401(a), meaning neither spouse needs to prove wrongdoing, the emotional and financial consequences of divorce can be significant. Before making this decision, it is very important to assess the state of your relationship and determine whether divorce is truly the best option.

A thoughtful evaluation can help clarify whether reconciliation is possible or if divorce is necessary to move forward. Identifying patterns of conflict, financial concerns, parenting struggles, and long-term goals can provide critical insights. If irreconcilable differences have caused an irretrievable breakdown of the marriage, it may be time to take the next step.

Signs That Your Marriage May Be Over

Breakdown In Communication

Healthy marriages rely on open and honest communication. If discussions frequently lead to arguments, one spouse avoids conversations, or there is a general lack of emotional connection, this can indicate that the relationship is no longer functioning in a healthy way

Emotional Or Physical Distance

When spouses become emotionally distant, they may no longer seek comfort or support from one another. If intimacy has declined, one or both spouses feel alone in the marriage, or there is consistent avoidance of quality time, this could be a sign that the emotional foundation of the marriage has weakened.

Ongoing Disrespect Or Contempt

Mutual respect is the cornerstone of a successful relationship. Sarcasm, criticism, dismissive behavior, or outright contempt can lead to permanent resentment, making it difficult to repair the marriage.

Financial Disagreements

Money is a leading cause of divorce, especially when spouses struggle to agree on budgeting, spending, or long-term financial goals. If one spouse is illegally hiding assets, engaging in financial irresponsibility, or refusing to contribute equally, these disputes can create serious marital tension.

Lack Of Shared Future Goals

Spouses should ideally grow together in their long-term vision for life. If one partner wants children and the other does not, or there are major differences in career aspirations, lifestyle choices, or retirement plans, these conflicts can drive a permanent wedge in the marriage.

Questions To Ask Yourself Before Filing For Divorce

Before deciding to move forward with divorce, ask yourself:

  • Have we attempted marriage counseling or other means of resolution?
  • Are we staying together for the sake of the children rather than for our own happiness?
  • Is there a lack of trust due to infidelity, dishonesty, or financial misconduct?
  • Do we still respect each other, or has resentment taken over?
  • Can we see ourselves happier apart than we are together?

If the answers point toward an irreparable breakdown, it may be time to consider the legal process of divorce.

Legal Considerations Before Filing For Divorce In Illinois

Illinois Residency Requirements

In Illinois, at least one spouse must reside in Illinois for a minimum of 90 days before filing for divorce. This ensures that the case falls under Illinois jurisdiction.

Dividing Assets And Debts

Illinois follows equitable distribution laws, meaning that marital property is divided fairly but not necessarily equally. If a couple owns a home, business, or other significant assets, property division discussions should take place before filing.

Parental Responsibilities And Parenting Time

For couples with children, creating a parenting plan under 750 ILCS 5/602.10 is a necessity. This outlines custody arrangements, visitation schedules, and parental responsibilities. Courts prioritize the child’s best interests in all decisions. These are best set forth in writing in a document called an Allocation Judgment. 

Financial Preparation

Divorce can impact household income, retirement plans, and overall financial stability. Gathering bank statements, tax returns, and credit reports before filing can help provide a clear picture of financial standing.

Illinois Divorce FAQs

Does Illinois Require A Separation Period Before Filing For Divorce?

Illinois law previously required a two-year separation, but now, under 750 ILCS 5/401(a-5),  there is an irrebuttable presumption that that the requirement of irreconcilable differences has been reached if the parties have been living separate and apart for  6 months immediately preceding the entry of a judgment dissolving the marriage. a separation is not required if both spouses agree that the marriage is irretrievably broken.

Will I Have To Pay Alimony?

Illinois no longer uses the term of alimony. It is now called Spousal support, or maintenance, and is determined by the court based on 750 ILCS 5/504. Factors such as income, length of marriage, standard of living, and earning capacity influence whether support is awarded.

Can My Spouse Prevent Me From Filing For Divorce?

No. Illinois is a no-fault divorce state, meaning only one spouse needs to assert irreconcilable differences to file for divorce. Your spouse cannot prevent the divorce from moving forward.

How Is Child Custody Determined In Illinois?

Courts focus on the best interests of the child under 750 ILCS 5/602.7. Factors include the child’s needs, parental relationships, stability, and willingness to foster a positive co-parenting environment.

Do Both Spouses Have To Agree On Divorce Terms?

If spouses cannot agree, the divorce becomes contested, meaning the court will decide property division, custody, and financial matters based on Illinois law. Mediation may help resolve disputes outside of court.

Can I Stay In The Marital Home During The Divorce Process?

Yes, spouses are legally entitled to remain in the home unless the court issues a temporary order stating otherwise. Sometimes it is advisable not to stay in the home because of the high likelihood of conflict and stress between the parties due to the breakdown in the marriage. If you have concerns that this might be the case, you should discuss them with your lawyer. 

Call SBK Law Group For Exceptional Legal Representation. 

If you are considering divorce and need legal guidance, we are here to help. At SBK Law Group, we provide compassionate and strategic legal support to ensure that your rights are protected. Contact our divorce lawyer in Downers Grove at SBK Law Group by calling 630-427-4407 to receive your free consultation. Our firm proudly represents clients in Downers Grove and throughout Chicago.

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