Kendall County No-Fault Divorce Lawyer

Aurora No-Fault Divorce Attorney Assisting You in Understanding Illinois' No-Fault Laws

What Exactly Is No-Fault Divorce?

In years past, Illinois required a person filing for divorce to allege and prove one of 11 grounds for divorce. Each of the 11 grounds placed the fault on the other spouse.

In 2016, Illinois law changed, and these 11 grounds were eliminated. Now, the only grounds that are accepted in divorce cases are "irreconcilable differences." When a person files a divorce petition, instead of blaming the other spouse for the breakdown of the marriage, he or she need only tell the court that:

• Irreconcilable differences have caused the irretrievable breakdown of the marriage, and the petitioner believes that past efforts at reconciliation have failed.
• Future attempts at reconciliation would be impracticable and not in the best interests of the family.

What Are Some Requirements for Filing for a No-Fault Divorce?

If both parties agree that there are irreconcilable differences, the divorce process can move forward, and they will work to resolve the various issues involved in ending their marraige. In these cases, no waiting period is required. However, if one spouse objects to the divorce or does not agree that there are irreconcilable differences, the couple must be separated for at least six months before the divorce will be granted.

How Is Separation Defined?

The key focus of "separation" as it applies to no-fault divorce is a breakdown of the marital relationship. It does not require separate physical residency. Spouses can still be living under the same roof and doing many of the marital activities together that any married couple would, but if some essential aspect of the marriage is breaking down, it can constitute "separation." If a couple lives "separate and apart" for at least six months, irreconcilable differences will be presumed.

For more information regarding no-fault divorce in Illinois from an experienced Naperville divorce lawyer, please call The Law Office of Matthew M. Williams, P.C. at 630-409-8184 or contact our office to schedule a consultation.