What is a No-Fault Divorce?

 Posted on January 05, 2024 in Divorce

Divorce is a complex process, and all of the parties involved in a divorce may find it stressful. A no-fault divorce is one that is generally uncontested, and a no-fault divorce in Illinois must meet a few qualifications. If you seek a divorce from your spouse, securing experienced representation from an Illinois divorce lawyer is essential to ensure your divorce is decided fairly.

Do I Need to Prove Anything for My No-Fault Divorce?

Before Illinois became a ‘no-fault divorce’ state in 2016, with additions to the Illinois Marriage and Dissolution of Marriage Act, spouses seeking a divorce would need to prove that the other party was ‘at fault’ for the divorce through an act such as adultery, abandonment, or substance abuse.

Since the Marriage and Dissolution of Marriage Act updates, a spouse in Illinois is no longer allowed or required to prove fault for the other party to request a divorce. That being said, no-fault divorces must meet the following criteria:

• The marriage has broken down due to irreconcilable differences.
• Any reconciliation efforts between spouses in the past have not worked.
• Future reconciliation efforts would not work or be in the best interest of all parties, including any children.

It is important to note that one spouse cannot accuse the other of fault or attempt to blame the other spouse when requesting a divorce. However, factors that have led to a divorce between two people, such as adultery or abuse, may be taken into account when spousal and child support agreements are being made.

Can You Contest a No-Fault Divorce?

It is possible to contest a no-fault divorce, though this can complicate the overall divorce process. Suppose you are in the middle of a no-fault divorce, and you and your spouse cannot agree on things like parental custody, spousal support agreements, and property division. In that case, you must argue your side in court and allow a judge to make the final decisions. When contesting a divorce and presenting your side in court, it is important to have legal counsel to guide you through the process and fight for the fairest divorce outcome.

Contact a Kane County, IL Divorce Attorney

Illinois is a no-fault divorce state, and certain requirements must be met for one spouse to request a no-fault divorce. If you are preparing for divorce, either contested or uncontested, it is important to seek the advice of a seasoned St. Charles, IL divorce lawyer at Shaw Sanders, P.C. to ensure a favorable outcome can be pursued. Call 630-584-5550 for a free consultation.