What Is a No-Fault Divorce in Illinois?

 Posted on April 14, 2023 in No Fault Divorce

In January 2016, Illinois changed how divorce laws perceived "fault" grounds for divorce. Before the change, things such as impotence, polygamy, adultery, abandonment, substance abuse, or felonies were just a few things someone would need to prove to be granted a divorce. The only ground for divorce now is irreconcilable differences, making Illinois a no-fault state. This can be relatively straightforward if the parties have lived separately for at least six months. This is a good first example of what it could mean to have irreconcilable differences, although its definition varies. However, if the parties have not been living separately, do not worry because a judge does consider that sometimes during a divorce that there can be various reasons as to why a party may not be able to live separately during this time, whether it be financial reasons or family reasons, the judge will consider this

What Is a No-Fault Divorce?

A no-fault divorce means there does not need to be a specific reason why two people have decided to separate. It is easy to think that a divorce must have meaning. However, that is not the case. The choice to get a divorce is both subjective and personal. Responsibility for the end of a marriage will not play a role in how assets are divided and typically does not affect other decisions made during the divorce. Divorce is a difficult thing to go through, and it can cause a lot of hurt feelings on both sides. However, from a legal standpoint, the reason for a divorce is not relevant.

Details of a No-Fault Divorce in Illinois

Another element to be aware of when having a 'no-fault' divorce case is there is a waiting period. There used to be a waiting period of up to two years for a divorce to be filed under the grounds of irreconcilable differences. However, now there is no waiting period for irreconcilable differences. If both parties are willing to negotiate, mediate and cooperate, the divorce process should not take much time. How long the divorce process takes ultimately depends on how the parties participate.

Contact a Kane County Divorce Lawyer

At the The Law Office of Matthew M. Williams, P.C., we understand how emotional it can be to go through a divorce. With an experienced divorce attorney, we can help ensure you have all the correct information you need during this process. We can provide you with the necessary assistance to make the tough decision and help provide you with a swift and easy end to your marriage. Contact an Aurora divorce attorney today at 630-409-8184 and arrange an initial consultation. You do not need to go through this alone.

Source:

https://www.ilga.gov/legislation/ilcs/ilcs4.asp?ActID=2086&ChapterID=59&SeqStart=5200000&SeqEnd=6000000