Is No-Fault Divorce Coming to an End in Illinois?

 Posted on October 09, 2024 in Divorce

Years ago, if an Illinois couple wanted to end their marriage, they needed to describe their relationship problems to a judge who would decide whether they had sufficient grounds to be permitted to get a divorce. Ever since an act was passed in 2016 to eliminate fault-based grounds for divorce, the entire process has become a bit smoother. Instead of spouses needing to drag up painful episodes, a couple can simply say they have irreconcilable differences and begin divorce proceedings.

Increasing calls across America to put an end to this have brought the issue to the national stage. Some people claim that no-fault divorce makes it too easy to end a marriage, which they feel should be too sacred to enter without an understanding of the serious commitment it requires. This article will examine what no-fault divorce means. If you want to learn more, speak with a knowledgeable Wheaton, IL divorce lawyer.

No-Fault Divorce Explained

No two divorces are the same. Some are uncontested, while others are considered high-conflict. Some are the result of something specific that one spouse did, and others are the result of a couple simply growing apart. When neither spouse did anything wrong to end the marriage, like cheating or gambling away all their savings, a no-fault divorce helps them move on with their lives. Neither needs to blame the other for the marriage breaking down, but they are free to end it by citing irreconcilable differences, which can include many things, including no longer wishing to be married.

Will No-Fault Divorce End?

As calls to end no-fault divorce multiply across the country, many people are wondering whether there will be implications for Illinois couples. Opponents argue that eliminating the need to cite a reason to blame for divorce makes it too easy, thereby undermining the sanctity of marriage. Supporters argue that there are situations where a need to establish blame could make the process more emotionally difficult. Additionally, people unable to fully demonstrate their claims could be denied divorce, and in such situations, it is easy to understand how a domestic abuse victim could be stuck in a marriage with no way out.

While no states have repealed no-fault divorce yet, its scope has been reduced in several places, including Louisiana, Arkansas, and Arizona. At present, it is unlikely no-fault divorce will be threatened in Illinois, as there has not yet been any significant legislative interest in doing so.

Schedule a Free Consultation with a DuPage County, IL Divorce Lawyer

If it seems like you and your spouse are headed toward divorce, you should speak with a qualified Wheaton, IL family law attorney about how to proceed. While some voices are calling to put an end to no-fault divorce, it seems it will be legally recognized for the foreseeable future. At Fawell & Fawell, we are passionate about helping all our clients overcome their challenges to move forward with their families. Call us at 630-871-2400 to schedule a free consultation.