There may be some provision for counseling in Illinois, however it may be too late especially in abusive situations, while it may provide grounds.
GROUNDS FOR DIVORCE IN ILLINOIS
Illinois, like most states, offers married couples the option of a "no-fault" divorce (referred to in Illinois as "irreconcilable differences"). Such actions, however, are not free for the asking. To be awarded a divorce, a spouse must prove that some grounds exists or that the couple is deserving of a "no-fault" divorce. Grounds for divorce are specifically enumerated in Illinois law and include: impotence continuing from the time of the marriage, bigamy, adultery, desertion, habitual drunkenness, drug addiction, the attempted murder of a spouse, "extreme and repeated" mental or physical cruelty, and conviction of a felony or other "infamous crime." The most common practice, however, is to proceed as a "no-fault" divorce by proving to the court:
1. At least one of the spouses has lived in Illinois for at least (90) ninety days,
2. The spouses have lived separate and apart for at least two years,
3. "irreconcilable differences" have caused the "irretrievable breakdown" of the marriage, and
4. efforts at reconciliation have failed and future attempts at reconciliation would be impracticable and not in the best interest of the family.
The two year waiting period may be avoided if the parties sign a written stipulation waiving it. Even so, parties seeking to obtain a no fault divorce must be separated for at least six months whether or not they stipulate to waiving the two year waiting period. The two year cooling off period commences as soon as the parties stop living together. The clock will continue to tick if they move back in together so long as they attempt to reconcile and participate in marriage counseling with a professional or have a written agreement to attempt to reconcile. Spouses dead set on terminating their marriage may not even have to wait out the minimum six month separation period. A number of Illinois cases have found that spouses "lived separate and apart" even though they resided under the same roof. In re: Marriage of Dowd, 157 Ill.Dec. 894, 214 Ill.App.3d 156, 573 N.E.2d 312, appeal denied 162 Ill.Dec. 485, 141 Ill.2d 538, 580 N.E.2d 111 (2d Dist., 1991) and In re: Marriage of Kenik, 129 Ill.Dec. 932, 181 Ill.App.3d 266, 536 N.E.2d 982, appeal denied 136 Ill.Dec. 587, 127 Ill2d 618, 545 N.E.2d 111 (1st Dist., 1989). In those cases, the parties used separate bedrooms, were responsible for their respective expenses, rarely spoke with each other, etc., all for a period of more than two years.
MEDIATION AND RECONCILIATION
Sometimes the commencement of a divorce case provides a couple with the extra incentive they need to rekindle the romance and find anew the love and harmony that first took them down the aisle. Illinois' divorce judges have the authority, in cases warranting it, to refer couples to marriage counselors to attempt to reconcile. In Cook county, the Court even provides for a "reconciliation calendar." Where the spouses agree to try to reconcile, the court will suspend proceedings for roughly a year. Either spouse may at any time request that the case be taken off the Reconciliation Calendar and proceed through the system to a settlement or a trial. If no action is taken during that time, the case will be dismissed and unless one of the spouses requests the court not to do so. While a case is pending on the Reconciliation Calendar, any court orders (for example, child support orders or injunction preventing the hiding of assets or large-scale expenditures) remain in effect, but enforcement of those orders is suspended.
