Dissolution of Marriage: Irreconcilable Differences

 Posted on March 31, 2026 in Family Law

What pushes a marriage past the point of no return? And once you make the decision that divorce is the best choice, what do you need to successfully file?

People often assume they have to prove that their spouse did something wrong to get a divorce. In Illinois, you only need to establish that there were "irreconcilable differences" in your marriage. In other words, this simply means that your marriage couldn't be fixed or saved. If you’re considering divorce in 2026, a Kane County divorce attorney can help set your expectations for what the process will involve.

Why Does Illinois View Irreconcilable Differences as a Good Enough Reason to Get Divorced?

Just saying that your marriage couldn’t be fixed may not seem like a very solid reason to some people, especially those who feel their spouse suggested divorce out of nowhere. Doesn’t the law want to be sure that there’s a good reason for people to get divorced? Won’t people abuse the ability to just walk out of a marriage?

As a matter of fact, all states now allow for no-fault divorce, although some also allow for fault-based divorce if the person filing prefers. Several years ago, Illinois became a no-fault divorce state, which means that all divorce cases are based on irreconcilable differences. You do not have to prove that your spouse cheated, was abusive, or did anything wrong under law 750 ILCS 5/401.

It may be true that some people will use this to walk out of a marriage that stopped working entirely due to their own poor decision making. But it also protects people who are in unhappy marriages where nothing "wrong" has technically been done: no abuse, no infidelity, etc. This also reduces the need for proof to leave an abusive marriage.

Common Sources of Irreconcilable Differences in a Marriage

Different couples have different combinations of things that push them to divorce, but there are reasons that come up more often than others. Some of the most common include:

• Ongoing conflict stemming from differences in values
• A loss of trust between spouses, especially with issues like infidelity
• Disagreements about how to raise children and manage parenting responsibilities
• Stress from work, child-rearing, and other life events
• Financial incompatibility, such as different spending habits, feelings on debt, or disagreements about saving and budgeting
• Long-term physical separation
• Different life goals

Financial conflict is one of the most well-documented drivers of marital breakdown. A study out of Kansas State University found that early-marriage financial disagreements were a very good indicator of a marriage’s likelihood to end in divorce.

How Do You Show that Irreconcilable Differences Exist in an Illinois Divorce?

If both spouses have been living "separate and apart" for at least six months before the divorce is final, the law treats it as proof that irreconcilable differences exist. This is known as a legal presumption. Depending on the circumstances, you don’t necessarily have to live in different homes to be considered separated.

If you have not been separated that long, irreconcilable differences can still be established. Both spouses can simply agree that the marriage has irretrievably broken down. The court can also rule as such based on the evidence.

What Happens After a Dissolution of Marriage Is Filed in Illinois?

Filing for divorce starts the process of working through several important issues. These include:  

• Division of marital property, including real estate, retirement accounts, and other assets.
• Spousal maintenance, or alimony, if it applies to your situation.
• Child support, if you have minor children.
• Allocation of parental responsibilities (who makes major decisions about the children's education, healthcare, and other matters).
• Parenting time (the schedule for when each parent spends time with the children).

Divorcing spouses are encouraged to find resolutions to these issues on their own. Mediation can be a helpful tool for reaching agreement. When necessary, Illinois courts decide these issues for couples who cannot.

Call a St. Charles, IL Divorce Attorney Today

Deciding to end a marriage is never easy. The right legal help is a necessity. The Kane County divorce lawyers at Mirabella, Kincaid, Frederick & Mirabella, LLC are ready to help you understand what to expect and protect your interests every step of the way. MKFM Law serves family law clients throughout the western suburbs from our offices in Kane, DuPage, and DeKalb Counties. Contact Mirabella, Kincaid, Frederick & Mirabella, LLC at 630-665-7300 to schedule your initial attorney meeting.