Why Is Illinois Called a No-Fault Divorce State?

 Posted on July 27, 2023 in Family Law

Couples considering divorce may have heard that Illinois is a no-fault divorce state. As of 2016, state laws do not require you to blame your spouse for doing something wrong to file a divorce. Instead, you can cite “irreconcilable differences” as a reason for the separation. This article explores the implications of the no-fault law on your legal proceedings. Here is what you should know.

Is a No-Fault Divorce Simpler? 

As a no-fault state, the Illinois court does not need you to specify why you want a divorce besides stating that you and your partner are experiencing “irreconcilable differences.” The state accepts that some marriages do not work out in the long run, and no one should be held responsible for a marriage’s failure. 

Before this law became effective, divorcing spouses needed to have a valid reason to leave their spouse. Many couples blamed their spouse for abandonment or adultery.  The petitioner needed to submit detailed evidence to support these claims. This required a lot of preparation and investigation. It also resulted in extensive and contentious litigation. 

In contrast, a no-fault divorce eliminates the hassle and makes the procedure straightforward as long as both parties are committed to resolving matters respectfully. It frees up time and resources in the Illinois court system as well. 

Does No-Fault Divorce Minimize Conflict?

A no-fault divorce streamlines the legal process by allowing couples to separate without getting involved in a blame game. Most couples that are separating on good terms appreciate the simplicity of this process. 

By supporting an amicable relationship between both parties, the court has an easier time resolving crucial matters like the division of marital property, spousal support payment structure, and parenting plans. This makes it possible for couples to focus on effective negotiations and cooperation. 

Plus, state laws strive to distribute assets equitably, meaning the marital property is divided according to each party’s financial needs, contributions, and resources. Parental responsibilities, parenting time, and child support are also decided practically, keeping a child’s well-being and best interests as the guiding force for every legal decision. By eliminating contentious matters from the legal proceeding, the court gives couples a chance to stay cordial after a split. 

No-Fault Divorce Prevents Invasion of Privacy 

Before the implementation of the no-fault divorce laws, a married couple’s private life could turn into a public scandal during court proceedings. Since the divorcing couple doesn't need to provide evidence of wrongdoing or fault, both parties can keep certain aspects of their life private and confidential in most cases. 

This saves both parties from experiencing public scrutiny and defamation, especially in high-profile cases where the media may misuse the information acquired through public records. 

Contact DuPage County Divorce Lawyers 

Overall, the no-fault divorce law comes with many advantages. It streamlines legal proceedings, safeguards the privacy of individuals involved, and mitigates conflict. You still need a lawyer to handle the trickier aspects of the legal process, like filing paperwork and understanding policies for the division of assets. If you have concerns or doubts about the divorce process, contact DuPage County divorce attorneys from the Law Office of Martoccio & Martoccio by dialing 630-920-8855 to book a consultation. 

Source:

https://www.ilga.gov/legislation/ilcs/ilcs5.asp?ActID=2086&ChapterID=59