Is No-Fault Divorce Good for Illinois Residents?

Illinois residents facing marital difficulties no longer have to navigate the complexities of fault-based divorce. Before 2016, obtaining a divorce meant proving your spouse was at fault, often leading to accusations of adultery, cruelty, and lengthy legal battles. Thankfully, Illinois law has evolved with the introduction of no-fault divorce, providing a simpler and less stressful path.

The Challenges of the Old Fault-Based System

It used to be difficult to gain a divorce and leave a marriage that was not working.  Before a change in Illinois law governing divorces which occurred in 2016, parties wishing to end their marriages needed a good, provable reason for the divorce. Grounds under the old rule included adultery, mental or physical cruelty, abandonment, impotence, habitual drunkenness, and substance abuse. You or your spouse couldn’t approach the court and ask for a divorce on the basis that you simply no longer wished to be married.  You needed something to pin on your spouse to have the Court grant your relief.  If the grounds were simply that you wanted to be done and did not want to work any harder on a marriage you believed was not working or going well, the Court could and would deny you a divorce and require you to stay married.

A Simpler Path: No-Fault Divorce in Illinois

Thankfully, Illinois law has evolved to recognize the difficulties associated with divorce.

The change in the law since 2016 has significantly lowered the burden of what you have to prove to be granted a divorce in Illinois.  As of 2016, and the passage of Public Act 99-90, the only grounds on which a divorce can be granted by the Court are “irreconcilable differences.”  The changes ultimately mean:

• Neither party in a divorce is required to attend marriage counseling.
• They are also not obligated to try and work things out.
• Additionally, spouses no longer need mutual agreement on the existence of irreconcilable differences.
• Only one person needs to believe a divorce is necessary for the court to grant it.

Benefits of No-Fault Divorce in Illinois

This is, in one Chicago divorce attorney’s opinion, a good thing in several different ways:

• If a party to a marriage has decided that the marriage is no longer working or is otherwise over and wishes to gain their freedom from the marriage, they no longer have to establish fault or prove their spouse is at fault to seek their freedom and independence.
• It also benefits the minor children of persons seeking a divorce, because the party asking for a divorce no longer needs to humiliate, insult, or publicly expose their former spouse’s private matters.
• Finally, not needing to establish grounds for divorce other than irreconcilable differences means that persons living in abusive marital relationships no longer need to gather evidence before asking the Court to end a harmful marriage.

No-Fault Divorce Became Nationwide With Clear Benefits

The removal of the requirement to prove fault to obtain a divorce on a national level (in all 50 states) has measurably improved lives, especially for female spouses. Researchers tracking the emergence of no-fault divorce laws state by state over a period found significant drops in the rates of female suicide and domestic violence, in addition to decreases in spousal homicide of women. Research links no-fault divorce laws to beneficial outcomes, such as reduced domestic violence and spousal homicide rates. Additionally, statistics indicate that women initiate the majority of heterosexual divorces.

No-Fault Divorce Offers Streamlined Path, But Legal Representation Might Be Needed

No-fault divorce offers a streamlined path for couples who have mutually decided to end their marriage. However, disagreements can sometimes arise, even in no-fault states. These disagreements can lead to contested divorces, which can become more complex and require legal representation.

Illinois Remains Committed to No-Fault Divorce

While there have been discussions in other states about restricting no-fault divorce laws, Illinois law remains firmly in favor of no-fault divorce. This means couples can end their marriage by citing irreconcilable differences, without assigning blame.  No-fault divorce offers a more streamlined and less adversarial approach, especially beneficial for couples with children.  Illinois designed this streamlined approach to minimize conflict and allow Illinois residents to move forward with their lives more efficiently.

Why an Illinois Divorce Attorney Is Crucial

Even under a no-fault divorce, navigating the Illinois divorce legal process can be complex.  An experienced Illinois divorce attorney can protect your rights and ensure a fair outcome in areas like:

• Child Custody Agreements: Your attorney will advocate for your best interests in creating a custody arrangement that prioritizes your children’s wellbeing.
• Financial and Property Division: They will help ensure a fair division of marital assets and debts according to Illinois law.
• Spousal Support: If applicable, your attorney can negotiate a fair spousal support agreement, considering your financial situation and needs.

Don’t Go Through This Alone

Divorce can be an emotionally and legally challenging time. An Illinois divorce attorney can provide invaluable support and guidance throughout the process.  They can answer your questions, address your concerns, and work towards a resolution that protects your interests. Their support will enable you to move forward with your life.

Schedule a consultation with a skilled Chicago-based divorce attorney to discuss your specific situation and explore your options.

Contact a Dedicated Chicago Divorce Attorney Today