Over the last several decades, the attitudes toward marriage and divorce have evolved significantly in many parts of the country. Many states, including Illinois, have made ending an unhappy or unhealthy marriage easier than ever before, helping spouses escape what could be an ultimately damaging situation. In at least one state, however, a number of lawmakers believe that getting a divorce has become too easy and have introduced legislation that would limit the availability of no-fault divorce for its citizens.

According to recent estimates from the U.S. Census Bureau, the divorce rate in the state of Oklahoma is among the highest in the nation. An estimated one-third of all marriages in Oklahoma end in divorce and about 13.4 percent of the state’s population is currently divorced. For some in the state legislature, these types of numbers are unacceptable. Representative Travis Dunlap, R-Bartlesville, has introduced a bill that he believes will encourage married people to fight for their marriage rather than giving up with things get tough.

A Tough Sell in Modern Times

In less than two weeks, a new era of family law is set to begin in Illinois. For the first time in nearly four decades, state’s statutes regarding divorce and other family-related concerns is being completely revamped. After receiving bipartisan support in the Illinois House and Senate this past spring, the reform was signed by the governor in July and is set to become effective on January 1, 2016. The measure takes aim at a large number of provisions in the law, including child custody, out-of-area relocation, and more, but one of the biggest changes affects the way that divorce is handled in the state.

Grounds for Divorce

Currently, there are about a dozen grounds for divorce that are based on the behavior of a spouse. These include what you might expect: adultery, abandonment, mental or physical cruelty, habitual drunkenness, severe substance abuse, and the conviction of a serious felony or other infamous crime. A divorce on one of these grounds is said to a “fault” divorce, casting the blame, in a legal sense, on the spouse whose actions led to the breakdown of the marriage.

In Illinois, according to the Illinois General Assembly, various grounds for divorce include: adultery; the absence of one spouse for at least one year, willfully; habitual drunkenness (or drug use) for at least two consecutive years; being convicted of a felony or other “infamous crime”; attempted murder; bigamy; and impotence.

Illinois, however, is also a no-fault divorce state. This means that a couple can still be legally divorced, even if neither spouse is necessarily found at fault.