No-Fault Divorce Attorney in Kendall County

What Exactly is a No-Fault Divorce?

In years past, Illinois required a person filing for divorce to allege and prove one of the original 11 grounds for divorce. While you still need a "ground" for divorce, Illinois has adopted a "irreconcilable differences" as the only recognized grounds.

When people were forced to use one of the original 11 grounds for divorce, a petitioner was required to come to Court and lay the blame on his or her spouse. With the elimination of these grounds, spouses no longer need to blame anyone for the breakdown of the marriage. They need only tell the Court that irreconcilable differences have caused the irretrievable breakdown of the marriage, that they believe that efforts at reconciliation have failed, and that future attempts at reconciliation would be impracticable and not in the best interests of the family.

In most cases, spouses can agree that their marriage has broken down irretrievably, and they will be able to address the various legal aspects of ending their marriage, including the division of marital property, allocation of parental responsiblities, and spousal maintenance. If one party contests the divorce petition and states that he or she does not agree that the marriage has irretrievably broken down, the other party may argue that irreconcilable differences exist due to separation. If it is determined that a couple has lived "separate and apart" for at least six months, irreconcilable differences will be presumed.

"Separation", as it applies to this ground, does not require separate physical residency. It has been extended and includes a very broad definition. Parties may still live under the same roof, so long as they are not doing so as Husband and Wife (i.e. no physical contact, freedom to come and go without explanation, separate laundry, checking accounts, etc.).

The separation period has nothing to do with your status before filing. You may be living as husband and wife the day you file, maybe even for a period of time after that. The six-month separation period is calculated backwards from the date of Trial (or entry of Judgment), not when you file. This ensures that you will be able to proceed with your divorce under the grounds of irreconcilable differences even if your spouse does not want to end your marriage.

Contact a Kane County Divorce Lawyer

If you have any questions about no-fault divorce, The Law Office of Matthew M. Williams, P.C. can help you understand your rights and your options. Contact us at 630-409-8184 to schedule a consultation today.