In the past, couples had to cite a reason for a divorce. This could include issues such as adultery. Now, however, most divorces are considered no-fault divorces. This means that a couple simply does not wish to be married anymore.
A well-versed Cook County lawyer can further explain the implications of a no-fault divorce. Throughout the process, a skilled divorce lawyer can help you make sure you are working towards an agreement that makes sense for you.
All divorce cases in Illinois are considered no-fault divorces, which is more commonly referred to as irreconcilable differences. This means that one party decides they no longer want to be married. Once they get to that point, either party can file for divorce. Previously, the party filing for divorce had to prove that there was something inherently wrong with the marriage that meant the couple should no longer be married. Now, they do not have to prove that there is a legitimate reason for not wanting to be in the marriage.
The reason no-fault was introduced in the United States is because the views of marriage have changed over the years. The laws in Illinois were changed to reflect these changing views of marriage.
An argument against no-fault divorce is that somebody can decide they do not want to be married anymore and the other person cannot do anything about it. They cannot stop one person from unilaterally asking for a divorce.
However, there are also several benefits to no-fault divorce. The benefits of having a no-fault divorce is that it can streamline the process. For example, previously, if the reason for a divorce was adultery, the party asking for the divorce would have to be able to prove this before being granted the divorce. This can be extremely difficult. An attorney can further explain the benefits of a no-fault divorce in Cook County.
No-fault divorces change the landscape of related matters such as property distribution and child custody in that the underlying causes of the divorce do not have to be a consideration in settling these issues. Instead of spending time focusing on the reasons for the divorce, the spouses can focus on reaching an agreement that is mutually beneficial.
A no-fault divorce can still involve mediation and litigation as they have nothing to do with the underlying reasons for the divorce. If the couple cannot reach an agreement on their own, mediation and litigation are available. A skilled attorney can help guide you through the no-fault divorce process in Cook County and make sure you have the resources you need to reach an agreement that works for you.
Throughout the no-fault divorce process, a Cook County attorney can advocate for your interests and help you work towards an agreement that meets your needs. Get the help you need by calling Reidy Law Office, LLC today.