Each year, thousands of Americans make the difficult decision to end their marriage with a divorce. The divorce process can be very difficult, both financially and emotionally, especially if the process drags out in the courts. Spouses who are on good terms and want an amicable divorce can choose to file for a no-fault divorce, as it is easier and less expensive.

What is a No-Fault Divorce?

A no-fault divorce is a legal ground for divorce in which one or both spouses can file to dissolve their marriage without the need to prove wrongdoing by one of the spouses as a reason for the divorce. This type of divorce is based on “irreconcilable differences” or an “irretrievable breakdown of the marriage,” which essentially means that the spouses could not get along or that their marriage has broken down due to several factors.

No-fault divorces are often quicker, easier, and less expensive than at-fault divorces, as they eliminate the need to prove marital misconduct in court. This approach also protects the privacy of both spouses, sparing them from disclosing personal details of their marriage in a public courtroom.

Illinois became a no-fault divorce state on January 1st, 2016, with the passage of Public Act 99-90, which eliminated all fault-based grounds for divorce. Under this law, the spouse seeking a divorce is neither required nor permitted to prove the other spouse’s fault for reasons previously recognized, such as abuse, abandonment, adultery, or substance abuse. For a no-fault divorce in Illinois, you simply must prove the following three elements:

1. The marriage has broken down irretrievably due to irreconcilable differences.
2. Attempts to reconcile with your spouse have failed.
3. Any attempt to reconcile would be impracticable or not in the best interest of either spouse.

Advantages of a No-Fault Divorce

No-fault divorces are often shorter and simpler than at-fault divorces and can lead to resolutions that do not involve drawn-out conflicts in court. The following are the main advantages of a no-fault divorce:

• Quick and easy: No-fault divorces are typically faster and easier than at-fault divorces because there is no need to prove misconduct by one of the spouses in court.
• Reduced conflict: Because there is no need for either spouse to prove wrongdoing, there is typically less conflict throughout the process.
• Protect privacy: Divorcing couples do not have to expose intimate details of their marriage or any wrongdoing in court because proving fault is not required.
• Less expensive: Speeding up the process by avoiding evidence gathering and long legal proceedings that are necessary to prove fault can result in reduced legal fees and overall costs.
• Benefits Abuse Victims: No-fault divorce can benefit victims of abuse because they can leave an abusive marriage without publicly exposing the abuser or getting into a lengthy legal battle.
• Time to reconsider: There is sometimes a waiting period in the no-fault divorce process, which gives the spouses some time to reconsider and attempt to reconcile.
• Simple negotiation: The negotiations for alimony, property division, and child custody are typically simpler as the solutions are often based on practical arrangements and do not involve placing blame.

Disadvantages of a No-Fault Divorce

While no-fault divorces are typically quicker and simpler than at-fault divorces, there are some drawbacks, as they are more difficult to contest and may not hold those who have engaged in misconduct accountable for their actions. The following are the main disadvantages of no-fault divorce:

• Lack of accountability: No-fault divorces make the process simpler by removing the need to prove misconduct or wrongdoing, but this can lead to a lack of accountability if a spouse has engaged in misconduct that led to the breakdown of the marriage.
• Limited ability to contest: Because the process for a no-fault divorce is streamlined, it can be difficult for a spouse to contest the divorce. There are few legal remedies available in the courts to prevent a divorce based on irreconcilable differences.
• Unfair settlements: Misconduct and financial mismanagement are not considered when determining the conditions for division of property, debt, and spousal support which can lead to an outcome that is unfair to one of the spouses.
• Effect on spousal support: Spousal support is determined based on financial need and contributions to the marriage without considering fault. This could leave a financially dependent spouse with little or no spousal support.
• Effect on child custody: No-fault divorces can make it more difficult for spouses who do not agree to the terms of a custody agreement or who are seeking sole custody.
• Rushed divorces: The fast process of a no-fault divorce can result in couples rushing into a divorce without considering other aspects of the divorce, such as finances, property division, and child custody. One spouse may feel like they are being rushed or pressured into making decisions.

Differences Between a No-Fault and At-Fault Divorce

At-fault divorce differs from no-fault divorce in that it requires the filing spouse to provide grounds for the divorce in the petition. If the spouse does not agree to the petition, the filing spouse will then have to prove in court that the wrongdoing of the other spouse through intentional action led to the divorce. The list of fault grounds for divorce generally includes adultery, cruelty or abuse, abandonment, and substance abuse.

While at-fault divorce is more expensive and time-consuming, the spouse who can prove that the marriage ended due to the fault of the other spouse has more to gain, such as higher spousal support, a larger share of marital assets, and an upper hand in child custody. At-fault divorces can also be filed immediately, as they do not have a required waiting period.

How to Get a No-Fault Divorce in Illinois

To start a no-fault divorce in Illinois, choose the no-fault option when filing for a divorce either online or at the local court. You do not have to prove fault to end the marriage and your spouse cannot contest the divorce. Even if your spouse does not agree to end the marriage or fails to respond, you may get a default judgment of divorce from the court. However, your spouse can cause the divorce to get postponed if they can prove that you have not met the state requirements for a no-fault divorce, which include the following:

• Residency: One of the spouses must be an Illinois resident going back at least 90 days before filing for divorce. Establishing residency ensures that the state of Illinois has jurisdiction over the divorce proceeding.
• Living “separate and apart”: Illinois requires spouses to live “separate and apart” before a no-fault divorce. Spouses who continue to live in the same home can meet this requirement if they can prove they have ceased marital relations over this period and no longer act as a married couple. It is possible that the court will need evidence to confirm that the spouses lived “separate and apart,” which can come in the form of sworn testimonies.
• Waiting period: A waiting period is required to allow both spouses enough time to consider the decision to divorce and attempt to reconcile. Under Illinois law, living “separate and apart” for six months typically fulfills the waiting period requirement.

With no-fault divorce, agreements for property division, spousal support, and child custody are made without considering fault or wrongdoing by either spouse. Here is what you can expect when navigating the following:

• Division of property: The division of property and assets, including real estate, bank accounts, cars, debts, stocks, and retirement plans acquired during the marriage, is carried out equitably. The court may consider the contributions of each spouse to the marriage, financial and otherwise, as well as the financial circumstances of each spouse and whether either may acquire assets in the future. Spouses can draft their own division of property agreements outside of court with the assistance of a divorce attorney.
• Spousal support and child support: With a no-fault divorce, child support and spousal support are determined based on the income of both parents and the needs of the child. For child support, the net income of the parent who will pay child support is considered along with the number of children. For spousal support, the court may consider the income of each spouse, duration of the marriage, and child custody.
• Child custody and allocation of parental responsibilities: Illinois law requires parenting time and allocation of parental responsibilities to be established. The divorcing spouses can file a parenting plan jointly or separately. The court will consider the child’s best interests when establishing a parenting schedule and will evaluate the work schedule of each parent, the child’s schedule, and the degree of cooperation between the spouses. Divorcing spouses can choose to pursue joint custody, shared custody, or sole custody with visitation rights.

Professional Divorce Attorneys in Illinois

No-fault divorce offers a more streamlined and less contentious path for couples looking to end their marriage amicably. While it may not account for individual wrongdoing, this approach reduces legal battles, protects personal privacy, and allows spouses to focus on practical solutions for property division, support, and parenting arrangements, making it a valuable option for many navigating the difficult process of divorce in Illinois.

While a no-fault divorce may be a more streamlined and speedier option than an at-fault divorce, it still helps to have legal representation through the process. Our divorce attorney, Allen Gabe, can help you navigate the no-fault divorce process by making sure you understand the requirements of a no-fault divorce, as well as the legal options available to you. We will fight on your behalf to secure a favorable outcome that is in the best interests of you and your family.

You can call Barber Law Offices LLC at (847) 303-9780 to speak to our experienced and professional divorce attorney, Allen Gabe.