No-Fault Divorce Attorney in Kendall County

What Exactly is a No-Fault Divorce?

In years past, Illinois required a person filing for divorce to allege and prove one of the original eleven grounds for divorce (insert grounds). While you still need a "ground" for divorce, Illinois has adopted a modified "No-Fault" law as our twelfth ground for divorce.

When people were forced to use one of the original eleven grounds for divorce, you were required to come to Court and lay the blame on your spouse. With the addition of the "No-fault" ground, you don't blame anyone for the breakdown of the marriage. You need only tell the Court that irreconcilable differences have caused the irretrievable breakdown of the marriage and that you believe that efforts at reconciliation have failed OR that future attempts at reconciliation would be impracticable and not in the best interests of the family.

I use the term "modified" no-fault law because judgment can be used only after the parties have been separated for a period in excess of six months AND both parties agree to use this ground. Otherwise, in order to use no-fault as a ground for your divorce, you must be separated for a two year period before judgment can be entered using that as a basis for your divorce.

"Separation", as it applies to this ground, does not require separate physical residency. It has been extended and includes a very broad definition. Parties may still live under the same roof, so long as they aren't doing so as Husband and Wife (i.e. no physical contact, freedom to come and go without explanation, separate laundry, checking accounts, etc.).

The separation period has nothing to do with your status before filing. You may be living as husband and wife the day you file, maybe even for a period of time after that. The six-month separation period is calculated backwards from the date of Trial (or entry of Judgment), not when you file. Parties often start their cases by using another ground for divorce and then later convert their case to one of "no-fault" once enough time has passed.

**NOTE: The statute requires a period of separation in excess of 2 years, unless the parties' agree to use "no-fault" as their ground for divorce AND stipulate that they have been living separate and apart for a period in excess of six months AND waive the remainder of the separation period. If both parties don't agree to use this ground, then they must be separated for two years before a divorce can be granted on the grounds of "no-fault".

**NOTE: Most parties allege both no-fault and one of the original eleven grounds for divorce in the initial Petition but proceed under no-fault for the entry of Judgment, dropping the other ground.

Logo Image 1444 North Farnsworth Avenue, Suite 307
Aurora, IL 60505
Phone: 630-409-8184
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