What Does Irreconcilable Differences (I/D) Mean in Illinois?
DuPage County Family Law Attorneys Assisting You With Your Divorce
The definition of irreconcilable differences, or I/D, is when a marriage has broken down to the point where it simply cannot be saved anymore. Why is this important? Under Illinois law, irreconcilable differences is now the only basis for divorce that is acknowledged by the courts. Our team at Mirabella, Kincaid, Frederick & Mirabella, LLC can assist you in showing the courts that irreconcilable differences have occurred in your marriage so that you may petition for divorce.
In order to show that your marriage should end due to irreconcilable differences, you must state that any previous attempts at reconciling have not only failed, but also that any further attempts to do so would not be practical. You may also point out how continuing to attempt reconciliation may not be best for the rest of your family. There are some cases where one of the spouses may try to challenge whether there are irreconcilable differences. However, in most cases, if one person wants the divorce, it will be granted by the court.
There are certain presumptions that may apply in cases where questions arise about irreconcilable differences, including when determining whether couples who have been separated for a certain period of time can proceed with a divorce. If a separation has lasted for at least six months, this is considered irrefutable proof that irreconcilable differences have arisen. To be clear, however, there is no current Illinois law stating that the parties have to live separately for any length of time before a divorce can be granted.
Contact Our DuPage County Divorce Lawyers
If you have any questions or concerns in regards to petitioning for divorce, please feel free to contact our office at Mirabella, Kincaid, Frederick & Mirabella, LLC. Our decades of divorce and family law experience can help fill in any blanks you may have during this process. If you live in DuPage, Kendall, or Kane Counties, please call us at 630-665-7300. Set up an initial consultation with one of our attorneys today.
