Illinois is a “no-fault” state, which means that you can seek divorce in Will County without any requirement to name a specific reason for doing so. Our seasoned legal team could offer advice about no-fault divorce in Will County and answer questions regarding the legal grounds and requirements for no-fault divorces under state law.
A “no-fault” divorce is one in which no specific cause or event serves as legal grounds for the divorce to be granted, meaning neither spouse is declared “at-fault” for the divorce. With this type of divorce, both spouses generally come to an agreement on all marital issues in a divorce like child support, custody and visitation, spousal support, and division of property prior to filing for divorce.
Before filing for divorce in Illinois, you or your spouse must have been a resident of the state for 90 or more days. You may file in the circuit court of the county in which either of you currently reside, or in whichever county you most recently resided in together.
If you and your spouse were married for less than eight years, have no children, and have little to no marital property and assets, you may also qualify for “joint simplified divorce” under 750 Illinois Compiled Statutes 5/452.
To be eligible for a no-fault divorce, both you and your spouse must live separately from each other for two or more years and show that the irreconcilable differences between you “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 it will consider the requirements for a “no-fault” divorce to be 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.
As of January 1st, 2016, fault-based grounds for divorce are no longer permitted in Illinois, in accordance with Public Act 99-90. As a result, irreconcilable differences are the only valid grounds on which a divorce will be granted, both in Will County and throughout the state.
If you live in Will County and are seeking a divorce, our firm could provide you with legal advice and help guide you through each step of the no-fault divorce process in Will County. Even if you are just considering a separation or would like to learn more about no-fault divorces, get in touch with us today to schedule a consultation and start exploring your options.