In a way, being a no-fault state keeps divorces simpler in places like Illinois.
One of the most persistent misconceptions about divorce is how blame for the marriage ending plays out in a court of law. But in this state, the reason for a divorce—whether cheating or other forms of dishonesty or misbehavior play a role—doesn’t affect one’s ability to get a divorce in Illinois. It might not even impact your arrangements for spousal support.
This is because Illinois is one of a minority of “no fault” states in which fault cannot legally be grounds for divorce.
Is Citing Fault Mandatory in Other States?
Today, every state is considered a no-fault state, in that they all offer that option legally. In other words, Americans don’t need a specific reason to obtain a divorce, no matter where they live.
Couples may file for either no-fault or at-fault divorce in the majority of states, including Texas, Arizona, New Hampshire and Vermont. However, there are no longer any states where fault is the only option.
How Is No Fault Divorce Different in Illinois?
What’s different in states like Illinois (there are a total of sixteen) is that a no-fault divorce is the only kind you may obtain. That means when filing for divorce, having irreconcilable differences is the only reason that may be provided. This lets the courts know there has been an irreversible breakdown in the marriage without giving further details on the reasons.
When Did the Law Change in Illinois?
In Illinois, a law went into effect in 2016 that eliminated fault, or blame, as grounds for divorce. This meant that couples no longer had to provide a reason for seeking a divorce, removing an obstacle that at one time made divorcing difficult and even impossible for some couples.
What if You Blame Your Spouse for Your Divorce?
From a legal standpoint, blame does not generally play a role in divorce, especially in a place like Illinois. A spouse’s infidelity or lack of communication may have ended the marriage, but it won’t usually come up in your divorce process. Nor will it impact spousal support in most cases.
However, serious issues such as domestic abuse or substance abuse can still have an effect on your custody agreement. Talk to a lawyer if you are concerned about your ex’s behavior and his or her interactions with your child. In some cases a child can also have a say in parenting time.
What If You Have a Prenup in Place?
Having a prenuptial agreement in place can certainly help ensure fairness from a financial standpoint and eliminate some of the tension and disagreements during a divorce. However, it doesn’t usually supersede Illinois law. If your prenup states that a cheating spouse will owe their ex a certain amount in maintenance after their divorce, that part of the agreement may not hold up in court.
A prenup or postnup still has many other potential benefits. A lawyer with experience in this area can let you know what those are and help you decide whether one is worth pursuing.
Is There a Waiting Period to Divorce in Illinois?
This is another distinction unique to states like Illinois.
One benefit of being a no-fault state is that there isn’t typically a mandatory waiting period to obtain a divorce. In some states, a “cooling off” period may be required before a divorce can be finalized.
What If Your Spouse Doesn’t Want a Divorce?
If your spouse wants to stay married or is simply being uncooperative, you may have to provide evidence of living separately for six months before the courts will grant you the divorce. This is another situation in which your divorce attorney will help by walking you through your options and making sure the proper documentation is filed.
David A. King, P.C., Will Help You File Your Divorce
Even though fault is no longer a legal consideration, many other details still matter when creating a divorce agreement. The steps you take may determine where you live, the assets you keep, what kind of lifestyle you have, and how much time you spend with your child.
For insights, read our previous blog on some of the downsides to approaching divorce without the proper legal assistance.
Call the Law Office of David A. King, P.C. at 630-504-7210 for a no-obligation conversation on your needs and how we can protect you in your divorce.
