No Fault Divorces in the New Year

 Posted on December 00,0000 in DuPage County divorce lawyer

The holidays can be stressful, which could be one reason January is oft-cited as “Divorce Month,” the month in which Americans are most likely to initiate divorce proceedings. According to Psychology Today, there are many reasons other than residual stress from the holidays that lead people to divorce in January: a fresh start for the new year or the fact that they were staying together for the kids during the holidays among them. If you and your soon to be ex-spouse were able to hold it together for familial reasons until January, you may want to consider a no-fault divorce. A no-fault divorce, in which both parties accept that the deterioration of the marriage was merely due to irreconcilable differences and that no party was more at fault than the other, can be a much easier process, both emotionally and financially.

If the spouses have lived apart for more than two years (this does not have to mean in separate residencies; the couple just needs to be able to prove that they were living more like roommates than spouses), Illinois state law provides for a no-fault divorce. Another ground for no-fault divorce is the agreement of both parties that they are simply unable to get along, and that efforts of reconciliation (such as couples counseling) have failed. Spouses may also have to prove that further efforts of reconciliation would not necessarily be good for the family.

No-fault divorce laws make divorce easier because the proceedings usually are not as cutthroat in court, because to win — or have assets split evenly — no party has to prove that the other is at fault. This alleviates the need for unnecessary finger-pointing, which in the worst-case scenario can sometimes amount to outright lies. All states have a no-fault divorce law as of 2014.

If you or someone you know is considering divorce and think that no-fault divorce may be your best option, the most important step is to speak with a legal professional. Contact an experienced Aurora family law attorney today.