If you are considering divorce in Illinois, one of the first questions you may have is whether the state follows a “no-fault” divorce system. The answer is yes. Illinois is a no-fault divorce state. But what does that actually mean for spouses navigating the legal process? Understanding the implications of no-fault divorce can help you prepare for what lies ahead and make informed decisions about your case.
At Kulerski & Cornelison, our team serves families DuPage and Cook counties. We can help you with every aspect of your divorce, regardless of why the marriage is ending. Get in touch today to get started.
What Is a No-Fault Divorce?
A no-fault divorce allows spouses to end their marriage without proving that one party is to blame for the breakdown of the relationship. Instead of citing specific grounds like adultery, abandonment, or cruelty, the only requirement is that the marriage is “irretrievably broken” due to irreconcilable differences.
In Illinois, this concept is codified under the Illinois Marriage and Dissolution of Marriage Act (750 ILCS 5/401). As of January 1, 2016, Illinois eliminated fault-based grounds entirely. Today, irreconcilable differences are the sole basis for divorce in the state.
What Are Irreconcilable Differences?
“Irreconcilable differences” refer to fundamental issues between spouses that cannot be resolved and have led to the breakdown of the marriage. These differences may include communication problems, financial disagreements, emotional distance, or conflicting life goals. Importantly, the court does not require detailed evidence of these issues, only that the marriage cannot be repaired.
If both spouses agree to the divorce, the court generally accepts the claim of irreconcilable differences without further inquiry. If one spouse contests the divorce, the court may require proof that the parties have lived separate and apart for at least six months. This separation can occur under the same roof, provided the spouses are no longer living as a married couple.
Benefits of No-Fault Divorce in Illinois
Illinois’s no-fault system offers several advantages:
- Simplified Process: Eliminating fault-based grounds streamlines the divorce process and reduces the need for contentious litigation.
- Privacy Protection: Spouses are not required to publicly air personal grievances or sensitive details about their marriage.
- Reduced Conflict: By focusing on resolution rather than blame, no-fault divorce encourages cooperation and minimizes hostility.
- Faster Resolution: With fewer disputes over fault, cases may move more quickly through the court system.
Does Fault Ever Matter in Illinois Divorce?
While Illinois does not recognize fault as a legal ground for divorce, certain behaviors may still influence the outcome of specific issues. For example:
- Asset Dissipation: If one spouse wastes marital assets through gambling, affairs, or reckless spending, the court may adjust the property division accordingly.
- Parental Conduct: In custody proceedings, the court evaluates each parent’s behavior to determine the best interests of the child.
- Domestic Violence: Allegations of abuse may affect parenting time, decision-making authority, and protective orders.
In these contexts, fault-related evidence may be relevant, not to establish grounds for divorce, but to inform the court’s decisions on related matters.
Do I Need a Divorce Attorney in Illinois?
Having a divorce attorney at your side is critical to protecting your rights. Divorce is complicated, even if you do not have to prove blame. You must handle issues related to assets, child custody, retirement, debts, and so much more.
A skilled divorce attorney guides you through the process and can even help negotiate a favorable settlement.
Get Help with Your Illinois Divorce
Illinois’s no-fault divorce system is a practical way to handle divorce. By eliminating the requirement to assign blame, the law encourages efficiency, respect, and fairness for both partners. Whether you are thinking about divorce or are already going through it, knowing how the no-fault system works can help you manage your case with assurance.
At Kulerski & Cornelison, our family law attorneys are ready to help. Contact us today for a consultation of your case.