Ryan Family Law, P.C.
Ryan Family Law, P.C.

Elgin, Illinois
847-586-0161

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What is a no-fault divorce?

As we grow older, our interests change, and we enjoy new hobbies or spending time with a different group of friends. Along those same lines, couples sometimes drift apart, and no one is truly to blame. 

Illinois is a no-fault divorce state, but what does that mean?

The benefits of a no-fault divorce

No-fault divorce reduces conflict by removing the need to blame either party for ending the marriage. The Illinois Marriage and Dissolution of Marriage Act made Illinois a “true” no-fault state by making “irreconcilable differences” the only reason for the divorce. This means that the relationship has broken down beyond repair, and attempts at reconciliation are off the table.

Illinois also eliminated the two-year separation period previously required before filing for divorce. Now, couples must only live apart for six months to establish irreconcilable differences. If both parties agree, the separation period can be waived. However, at least one spouse must have been an Illinois resident for at least 90 days before filing for divorce.

After one spouse files the Petition for Dissolution of Marriage, the couple will need to negotiate the terms of child custody, spousal support and division of assets. Once an agreement is reached, the judge reviews it and finalizes the divorce.

There are several benefits to the no-fault divorce, including the following: 

  • It reduces conflict by not assigning blame
  • The process is usually less adversarial, which can reduce emotional stress
  • They can typically be resolved more quickly than a fault-based divorce
  • There is no need to air grievances in court, so the details of marital problems can remain private
  • They are generally more cost-effective

Even though a no-fault divorce provides a less contentious way for couples to part ways, it’s still imperative that each spouse has someone working on their behalf to ensure their best interests are protected.

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