What is a No-Fault Divorce, and Why Does It Matter?

 Posted on June 13, 2017 in Divorce

The Illinois Marriage and Dissolution of Marriage Act (IMDMA) underwent a substantial overhaul in 2016, but many couples still do not fully understand what these changes mean. More specifically, the impact and implications of a "pure" no-fault divorce are often misunderstood. Learn more about no-fault divorces, including what they are and why it matters.

Dividing Legal and Emotional Aspects of Divorce

Before the changes to the IMDMA occurred, couples had to provide a reason for divorce. Moreover, the term "irreconcilable differences" only applied when it could be determined that the marriage was irretrievably broken, or that reconciliation was not in the family's best interest. As such, divorces often brought up emotional elements that hindered the legal process, pitted one spouse against the other, and caused unnecessary contention in the courtroom.

Now, with no-fault divorce, the reason is no longer relevant. Instead, the courts have separated the emotional element of divorce from the legal process. Doing so has helped many couples find their way to an amicable split, which is highly preferred since it can improve the overall outcome for all involved parties - particularly children.

Time constraints imposed by the former divorce model were also problematic. Couples had to spend two years separated, or they had to be separated for six months and then gain spousal consent for the divorce. Long splits and spousal consent are no longer needed. Instead, couples only need to separate for six months (or less, in certain situations) before a divorce can be granted. Not only does this offer a more expedient process for stressed and strained families, but it also provides more protection for children and victims of domestic violence.

Getting Started with Your Divorce

While, on the one hand, it might seem impossible to remove the emotional aspect of divorce, doing so does offer numerous benefits to couples. It can reduce contention and decrease the amount of time spent negotiating. It also encourages an amicable split among parents who might have otherwise argued about irrelevant issues while trying to work through child-related matters. In short, it gives couples every opportunity they need to start off on the right foot.

If you are planning on filing for divorce, contact The Stogsdill Law Firm, P.C. for assistance. Able to guide you through the legal complexities of your case, our Wheaton divorce attorneys will strive for the most favorable outcome possible. Call 630-462-9500 and schedule your personalized consultation to learn more.

Source:

http://www.ilga.gov/legislation/ilcs/ilcs4.asp?ActID=2086&ChapterID=59&SeqStart=6000000&SeqEnd=8300000