How Can I File The Irretrievable Breakdown Of Marriage In An IL Divorce?

divorce breakdown couple

Divorcing couples in Illinois have the option of filing for either a contested or uncontested divorce. If you’re unfamiliar with the divorce process, you might be unaware of the importance of the difference between these two divorce processes. A contested divorce is when one spouse accuses the other spouse of committing an act (like adultery or abuse) that is the cause of the failure of the marriage. Uncontested divorces are much more common because you simply need to cite what’s called the “irretrievable breakdown” of your marriage, also called irreconcilable differences in other states. To learn more about this type of divorce, read this blog or contact a Tazewell County Uncontested Divorce Lawyer today for excellent legal counseling.


Essentially, an irretrievable breakdown of a marriage is when two spouses cannot work through their marital differences but mutually agree that divorce is the only option. In order to file an uncontested divorce in Illinois, you’ll need to file on grounds of irretrievable breakdown or irreconcilable differences (both terms are interchangeable in Illinois law). This can also be called a no-fault divorce. Depending on the circumstances, you might need to prove in court that your marital relationship has been broken for at least six months.


Filing for an uncontested divorce in Illinois is generally much simpler than filing a contested divorce. You can even file your divorce documents jointly with your spouse to avoid the need to hire a process server to serve your spouse the divorce papers. Also, most uncontested divorces don’t require litigation, which means no courtroom battles against your spouse. Many divorcing couples choose to hire a mediator to guide them to a reasonable divorce settlement. A mediator can keep spouses informed on divorce laws in their state and advise spouses on what they need to consider when settling on an agreement. Mediation is beneficial for couples who want more control over divorce settlements because if they can’t come to an agreement themselves, a judge will have to decide the division of marital assets and other vital decisions. Litigation can be an unnecessarily lengthy process and sometimes more painful than mediation.

If you’re considering filing for divorce, you might want to speak with a trusted divorce lawyer first. You can choose to represent yourself in the actual divorce procedure (especially if you opt for mediation), but an attorney can guide you through the difficult parts of the process. Butler, Giruado & Meister, P.C. is here to help! Contact us today for an initial consultation.

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