A divorce just takes one party to want to get a divorce in most states. States like Illinois and New York both require the “ground” that the marriage is irretrievably broken. Similarly, it only takes one party to state under oath that the marriage is irretrievably broken. It doesn’t mean you two aren’t having sex or aren’t living together – …
People oftentimes come into my office asking me this question. As of January 1, 2016, there are no more “fault-based grounds” for divorce in Illinois. Under 750 ILCS § 401 dissolution of marriage is based on irreconcilable differences only. Specifically, it must be alleged that: 1) There is an irretrievable breakdown of the marriage; 2) Efforts at reconciliation have failed; …