Do I have to prove fault in my divorce?

On Behalf of | Jul 30, 2022 | Family Law

Making the decision to get a divorce can be difficult. Sometimes, you may have a specific reason for making the choice. For example, if your spouse had an affair, it may push you to end the relationship. In other situations, you may not have any specific reason for divorce. It may be a case of growing apart or no longer having the same goals for your relationship.

If you find yourself not having a concrete reason why you want to get a divorce, you may wonder if that could hold you back from filing. The Illinois State Bar Association explains that in the state, you do not have to prove fault or give a specific reason for the divorce.


The reason for your divorce is the grounds. While you can tell the court a reason why you want to end your marriage, you do not have to do that. The state allows you to simply declare that you have irreconcilable differences, which means you can no longer make your marriage work.


Because the state doesn’t require you to prove fault or state a specific ground for ending your marriage, there are a few requirements you must meet. The law requires that you and your spouse either live apart for six months prior to filing or file statements that your marriage is over and you cannot repair it to the point to avoid a divorce. You will need to explain to the court that any attempts to fix things between you and your spouse will be detrimental to your family. In this case, you may have to explain the trigger that led to your decision, if there was one. But if not, the court will still allow you to proceed as long as you swear that the relationship is over and beyond repair.