Going through a divorce process can be financially and emotionally complicated for both spouses and their families. To avoid the expense and stress that comes with divorce, some couples will seek out “no-fault” divorces to make the process easier and quicker.

If you are considering filing—or planning to file—for a divorce in Mokena, an experienced divorce attorney may be able to assist you with your case.

A seasoned Mokena no-fault divorce lawyer could offer knowledgeable legal advice and answer questions regarding what a no-fault divorce is and what it entails, the legal requirements for no-fault divorces under state law, and the legal grounds associated with a no-fault divorce in Mokena.

With these benefits of hiring private legal counsel, our divorce attorneys could help guide you through each step of the divorce process.

What is a “No-Fault” Divorce?

A divorce or the end of a marriage is legally referred to as the “dissolution of marriage” in Mokena, Illinois. A “no-fault” divorce is a type of divorce where neither spouse is at fault, and there is, therefore, no need to declare one spouse “at-fault” for the divorce.

With this type of divorce, both spouses generally have come to an agreement on all marital issues in a divorce like child support, custody and visitation, spousal support, and division of property.

Before filing for divorce in Mokena, either or both spouses must have been a resident of Illinois for 90 or more days, and either spouse may file in the circuit court of the county in which they reside, according to 750 Illinois Compiled Statutes 5/401(a).

If two divorcing spouses were married for less than eight years, have no children, and have little to no marital property and assets, they may also qualify for the “joint simplified divorce” under 750 Illinois Compiled Statutes 5/452. 

Grounds for No-Fault Divorce in Illinois

Under 750 Illinois Compiled Statutes 5/401(a), there is only one ground required for a no-fault divorce. For two spouses to be eligible for a no-fault divorce, both spouses must live separately from each other for two or more years and show that the irreconcilable differences between them “have caused the irretrievable breakdown of the marriage.”

If the court finds that the efforts of reconciliation by both spouses were unsuccessful or that any future efforts would be impractical and not in the family’s best interests, then the no-fault ground requirement has been met.

However, 750 Illinois Compiled Statutes 5/401(a-5) specifies that if both spouses in an uncontested divorce have continuously lived apart for at least six months before filing for divorce, then they may waive the two-year separation requirement.                                                                                                              

Hire a No-Fault Divorce Attorney in Mokena Today

Our Mokena no-fault divorce attorneys could provide you with legal advice and help guide you through each step of the legal process. If you are considering or would like to learn more about no-fault divorces in Mokena, get in touch with a Mokena no-fault divorce lawyer today to schedule a consultation and start exploring your options.