What is a No-Fault Divorce in Illinois?

Coming to the conclusion that you need a divorce can be disheartening, especially during the holiday season. You may be wondering what your options are during the divorce process. The good news is that Illinois is a no-fault divorce state, which is one of the least challenging types of divorce. In a no-fault divorce, both soon-to-be ex-spouses agree that their divorce is due to irreconcilable differences. If you are in the process of seeking a no-fault divorce in Illinois, the skilled family law attorneys at Glasgow & Olsson.

Who Qualifies for a No-Fault Divorce in Illinois?

You do not need to agree with your spouse about everything to get a no-fault divorce. However, both spouses need to agree that they are seeking a divorce on the grounds of irreconcilable differences. In other words, both spouses need to agree that the reason they are getting a divorce is due to their irreconcilable differences.

This means that the spouses are choosing not to prove fault on anyone’s part. The spouses must agree on the details of the divorce settlement. If parts of the divorce settlement are in dispute, they may pursue a no-fault contested divorce. In order to qualify for a no-fault divorce, at least one spouse must have resided in Illinois for at least 90 days.

The Separate and Apart Requirements

The spouses must have lived “separate and apart” for at least two years. However, if both spouses sign an affidavit that waives the longer waiting period, the court will reduce the living “separate and apart” requirement to six months. The “separate and apart” requirement does not prohibit spouses from living under the same roof. On the contrary, divorcing couples can live together but cannot date each other or engage in sexual relations during the required time period.

What are the Benefits of Filing for a No-Fault Divorce?

By filing for a no-fault divorce in Illinois, both parties accept responsibility for the failure of the marriage. Both parties also agree that they are willing to work on the remaining aspects of the divorce prospects, including the following:

  • The allocation of parental responsibilities
  • Child support
  • Parenting time divisions
  • Distribution of property
  • Spousal maintenance

The spouses can agree to work on the remaining issues through mediation, arbitration, direct negotiation, or the courts, if necessary. Filing for a no-fault divorce in no way stops a spouse from making arguments that he or she should gain primary parenting responsibilities of the children. It also does not affect arguments related to spousal maintenance.

We Can Help

If you are interested in seeking a no-fault divorce in Illinois, our attorneys can help. Contact the skilled Cook County divorce attorneys at Glasgow & Olsson to schedule your initial consultation today. Learn how our attorneys can help you seek a no-fault divorce while advocating for an advantageous divorce settlement.

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