Understanding Illinois No-Fault Divorce Grounds

 Posted on November 08, 2022 in Divorce

The process of divorce can be excruciatingly painful. This is someone you once had tremendous feelings for, and knowing your relationship is coming to an unfortunate end can be a terribly sad experience. No matter how long you and your spouse were together, getting a divorce can be daunting for many different reasons. If you are considering divorce, consult an experienced attorney to ensure your rights are protected and your best interests are put first.

What Makes Divorce Unique in Illinois?

As of January 1, 2016, Illinois officially became a state where irreconcilable differences are the only grounds for a divorce, which means that you do not need to prove that your spouse is at fault for the disintegration of the marriage. 

Notably, the court will not consider misconduct accusations when deciding how to divide property or reward spousal maintenance. However, the court will listen to a spouse’s child-related concerns when it comes time to figure out how best to allocate parenting time and other essential parental responsibilities. 

What Must Be Proved for a No-Fault Divorce

In the State of Illinois, to get a no-fault divorce, you must be able to prove three different things to secure grounds for a no-fault divorce. Those three things are:

• Irreconcilable differences led to the marriage breaking down in a permanent way

• Past efforts at a resolution between you and your spouse have failed time and time again

• Future attempts at reconciliation would be in vain and impracticable and do not consider the family’s best interests

There is no mandatory waiting period for divorce in Illinois. However, if one spouse contests (or disagrees with) the assertion that there are irreconcilable differences, a separation period of six months is considered proof of irreconcilable differences. Spouses who both agree to the divorce do not need to live separately to be granted a divorce in Illinois. 

Spouses seeking to prove irreconcilable differences by living separately may worry about the specific requirements. What happens if, during their separation, the couple tries one more time to get back together? Would that disaffirm the original estrangement period? The answer to that question is no; that would not negate the initial estrangement period. The laws aim to encourage couples to reconcile, not discourage them from doing so. 

Contact a Wheaton, IL, Divorce Attorney

Divorces are often complicated, but they do not have to be. If you are considering a divorce and wish to make the process as smooth as possible, consider contacting the knowledgeable DuPage County divorce lawyers at The Stogsdill Law Firm, P.C.. They will listen to your situation and advise you on how best to proceed. Call 630-462-9500 today for a private consultation.

Source:

https://www.ilga.gov/legislation/publicacts/99/099-0090.htm