Aurora, IL No-Fault Divorce Lawyers

Knowledgeable Lawyers Helping You Understand No-Fault Divorce Laws in Aurora, Illinois

Illinois law recognizes that not every marriage ends because of misconduct or fault. In fact, the state has moved away from requiring spouses to assign blame for a divorce. Today, Illinois is a no-fault divorce state, which means couples no longer need to prove that one party was at fault for the breakdown of their marriage when filing for divorce. This approach simplifies the legal process and helps reduce unnecessary conflict between spouses.

At The Law Office of Matthew M. Williams, P.C., we help clients navigate the no-fault divorce process, providing clear guidance and skilled legal support. Whether your divorce is amicable or contested, we will ensure that your rights and interests are protected every step of the way.

What Is a No-Fault Divorce?

In the past, Illinois allowed couples to specify certain fault-based grounds for divorce, including adultery, cruelty, or abandonment. The spouse who filed a petition for divorce had to present evidence proving that the other spouse was at fault. However, these fault-based grounds for divorce have been eliminated from the Illinois Marriage and Dissolution of Marriage Act. Currently, "irreconcilable differences" is the only valid reason for divorce.

When filing for divorce in Illinois, a spouse will simply need to assert that irreconcilable differences have caused the irretrievable breakdown of the marriage, and efforts at reconciliation have failed or would not be in the best interest of the family. The court does not require proof beyond a statement that there are irreconcilable differences. No wrongdoing or evidence of fault is necessary.

Requirements for Filing a No-Fault Divorce

In most cases, if both spouses agree that irreconcilable differences exist, the court can proceed with the divorce without any waiting period. However, if one spouse disputes that the marriage is irretrievably broken, the court may require proof of a separation period.

Separation in Illinois is not limited to living in different homes. Spouses can live under the same roof and still be considered "separate and apart" if they no longer maintain a marital relationship, sleep in separate rooms, have separate finances and routines, and/or have minimal or no emotional or physical intimacy. If the spouses have lived separate and apart for six months, Illinois law presumes that irreconcilable differences exist.

No-Fault Divorce vs. Uncontested Divorce

These two terms are often confused, but they refer to different aspects of the divorce process. A no-fault divorce refers to the legal grounds for ending a marriage. It applies to all divorces, whether the spouses agree on the terms or not.

An uncontested divorce refers to the level of agreement between the spouses and the process that will be followed during the case. When spouses agree on all major issues, they can create a divorce settlement that will be filed in court, and if the judge in their case approves the settlement, their divorce will be finalized. The process is typically faster and less expensive than a contested divorce, which may require multiple court hearings or a divorce trial.

Legal Issues to Address in a No-Fault Divorce

Even if you and your spouse agree to end your marriage, you will still need to address a variety of legal issues, including:

• Property Division: Illinois is an equitable distribution state. Marital property must be divided fairly, but not always equally.
• Spousal Maintenance: One party may seek temporary or long-term financial support based on their financial needs and other factors.
• Child Custody: If you have children, you and your spouse will need to create a parenting plan that addresses the allocation of decision-making authority and schedules for parenting time.
• Child Support: A statutory formula based on both parents' incomes will be used to determine your and your spouse's financial obligations toward your children.

Contact Our Aurora, Illinois No-Fault Divorce Lawyers

If you have questions about Illinois' no-fault divorce laws, the team at The Law Office of Matthew M. Williams, P.C. can provide answers, and we can help you determine the best steps to take to resolve divorce-related issues successfully. Contact our Aurora no-fault divorce attorneys at 630-409-8184 to arrange a free, confidential consultation.