The reasoning behind Illinois’ (and other states’) decision to transition to a “no-fault” divorce law is actually fairly simple: In order to file for divorce on fault-based grounds, spouses were required to prove their justification for seeking a divorce. For the Safety of Our Staff and Our Clients, We Are Conducting Consulations & Other Business Over the Telephone. Fault is not a deciding factor for any issue in most divorce cases. All rights reserved. 5 Mistakes People Make When Going Through a Divorce in Illinois, Helpful Tips for Social Media Accounts During a Divorce in Illinois. Still, some people do not want to wait the six months. Some people want to punish the other spouse for the breakdown of the marriage by making allegations against them in a public record (adultery is commonly the grounds for these situations). Before this time, Illinois law contained both a form of no fault divorce as well as traditional fault based grounds. If you do not properly meet the ground and separation period, the judge may dismiss your case. In practice, establishing irreconcilable differences for purposes of getting divorced in Illinois is a fairly straightforward process. Divorce attorneys charge per hour unless it’s a truly uncontested divorce in which case some do flat fees. Code Section 750 ILCS 5/401, et seq. Divorce, or dissolution of marriage, is the legal process of severing a marriage contract, which is overseen by a court of law in the state in which one or both of the divorcing spouses live. This means either spouse may file for divorce without proving that the other did something wrong. 5 Mistakes People Make When Going Through a Divorce in Illinois. What else do you need to know before you file for divorce in Illinois? Parties rarely litigate the grounds for divorce. In some fault-based divorce states, this is known as “willful desertion” and can be cited as a specific ground for divorce. All divorces in Illinois are now granted on the grounds of irreconcilable differences. For that reason, judges usually not deny a divorce on the basis of grounds if either spouse is insistant on getting a divorce. We do not do everything, but we have a large network of trusted professionals who we work with. In the past, Illinois divorce statutes permitted spouses to file a "fault divorce" using grounds such as abuse, excessive drugs, or adultery as the reason for the break-up. However, with the enactment of significant changes to the Illinois Marriage and Dissolution of Marriage Act (IMDMA), on January 1, 2016, Illinois became a purely “no-fault” divorce state. But, for purposes of justifying your divorce, no more is required than your own decision that it is time for your marriage to be over. Experienced | Responsive | Legal Services, Marital Property vs. Non-Marital Property, Family and Future Planning Advice Amidst Uncertain Times, Drendel & Jansons Law Group Launches New Approach to Resolving Family Law Disputes, Changes to Tax Code Impacts Maintenance Obligations in Divorce, New Law Protects Visitation Rights for Elderly Adults. In 2016, Illinois enacted a new law, firmly taking a position on the fault vs. no-fault divide. However, in 2016, Illinois did away […] Some states have what is called "no fault" divorce, meaning that the parties do not need to prove any grounds for divorce. The law requires a reason for a divorce. 15. Although grounds must be established to justify a divorce, the reason for the divorce usually has very little impact, if any, in the ultimate outcome of the divorce. For all prectical purposes, a divorce can be granted if only one spouse alleges irreconcilable differences. If you’re looking for a fault to give you more leverage during a divorce, you’ll find that Illinois is now a no-fault state. Irreconcilable differences is the no-fault catch all grounds. Illinois no longer recognizes "grounds" for divorce. In talking with clients and reading some forums, I find three are basic reasons divorce clients want to focus on grounds. In a no-fault divorce state, the grounds of adultery, abuse, alcoholism and other factors that lead a person to file for divorce only establish the “right” to get divorced but do not influence the other decisions at all. At best it can be delayed. While filing for divorce and using abandonment as the fault-based ground for your action, as the plaintiff, you will be required to provide proof that the abandonment took place. Contact us today to schedule your free consultation. The facts about divorce in Illinois. There is no waiting period prior to filing, the only contingency on filing in Illinois is one of you must have lived in Illinois for at least 90 days prior to filing. © Drendel & Jansons Law Group 2018. Specific information about the attorneys in the Drendel & Jansons Law Group can be obtained on the  individual attorney pages. This was known as “fault-based” divorce. A person must state the reason they want a divorce at a divorce trial and be able to prove that this reason is well-founded. Couples may pursue a "no-fault" divorce, meaning that neither spouse is responsible for causing the marriage to an end, but rather the couple has irreconcilable differences. Mental cruelty is the most commonly pleaded fault ground for divorce, meaning that the other spouse … Couples in Illinois have been getting divorced for over 100 years with the first divorce laws in the state passed in 1819. The law has been changed in the state of Illinois regarding the grounds for divorce. Now if the parties live separately for more than six months it is impossible to contest grounds. Grounds for Divorce in Illinois. What does it mean? Grounds for divorce are regulations specifying the circumstances under which a person will be granted a divorce. Grounds for Divorce. However, in 2016, Illinois did away […] As with most things, there can be exceptions, such as dissipation related to an adulterous affair, but most of the time grounds have no effect on outsome of the divorce. Specific information about the attorneys in the Drendel & Jansons Law Group can be obtained on the individual attorney pages. No Fault Irretrievable breakdown; separation (2 yrs.). Consult with us today. Illinois Eliminates Fault Grounds for Divorce. Both fault and no-fault grounds for divorce are recognized in Illinois. and 5/451 et seq. Traditionally, many states required spouses to have a specific reason for getting divorced. Illinois courts will only grant a divorce if the couple has grounds for dissolving the marriage. This meant that you’d have to prove these grounds to a judge before a divorce would be granted. While Illinois law used to contain a list of fault-based grounds that a person could specify, such as adultery, alcohol or drug abuse, or mental cruelty, the law was updated in 2016, and all of these grounds were eliminated. How Does Child Support Work in an Illinois Divorce? In Illinois, a divorce can be completed on average in a minimum of 180 days, with court fees of $337.00. The attorneys at Puryear Law are ready to put our skill to work on your case. Grounds do not affect who gets custody, whether spousal support is to be granted or how much much property (or debt) each spouse will take away from the divorce. It means that you will need to specify the real reasons for the dissolution of marriage. Every Illinois divorce is now granted on the basis that irreconcilable differences have caused the irreparable breakdown of the marriage. The grounds for divorce in Illinois would be adultery, desertion, imprisonment, etc. If you are considering a divorce, an experienced Kane County family law attorney can help. With a no-fault divorce, these concerns are no longer relevant. Previously, Illinois law listed 10 legally acceptable reasons, otherwise known as “grounds”, that a spouse could claim when filing for divorce. In 2016 traditional grounds for divorce in Illinois were eliminated. Our Office is Open. The NEW Illinois grounds for divorce. Today, the Illinois Marriage and Dissolution of Marriage Act allows couples to file for divorce using either fault or no-fault grounds. Illinois law provides eleven grounds for divorce with various requirements, including impotence, adultery, mental cruelty, irreconcible differences and felony conviction. The issue of grounds is fundamental, but many people have the wrong idea of the significance of grounds in the divorce process. Continue reading to learn about the grounds for divorce in Illinois, and call a knowledgeable Chicago divorce attorney for help with an Illinois divorce or other family law matter. The reasoning behind Illinois’ (and other states’) decision to transition to a “no-fault” divorce law is actually fairly simple: In order to file for divorce on fault-based grounds, spouses were required to prove their justification for seeking a divorce. . Required fields are marked *. The grounds for divorce in Illinois would be adultery, desertion, imprisonment, etc. 12 Considerations for Illinois Parents Who are Considering Coparenting After Their Divorce, 7 Questions You Will Encounter (But Won’t Think to Ask in Advance) During Your Illinois Divorce, Lake County Divorce Attorneys for Post Judgment, Lawyer Websites by JustLegal Marketing LLC. Now if the parties live separately for more than six months it is impossible to contest grounds. We call that “grounds”. 31. You needed “grounds” or a tangible reason to be divorced. In 2016 traditional grounds for divorce in Illinois were eliminated. So far that push has not gained a enough to momentum to pass through the Legislature, but it may only be a matter of time. Illinois does not allocate fault, but does require grounds for the divorce. Maybe they are embarrassed to “air the dirty laundry”; or maybe they are concerned about bad publicity for their children and families. Ostensibly, the purpose of this statutory requirement is to provide some assurance that the parties have really tried to reconcile and “make it work” before filing for divorce. A marriage can end through an annulment or a divorce in Illinois. With mental cruelty (as for other grounds), no waiting period is required. While I have not seen any statistics to back this statement up, my experience suggests that the vast majority of divorces in Illinois are granted on the basis of “irreconcilable differences”, no matter what were the actual causes of the divorce. Technically, to be granted a divorce, one must prove: irreconcilable differences have caused the irretrievable breakdown of the marriage; past efforts at reconciliation have failed, and In truth, fault divorces often caused more headaches, cost more money, and took significantly more time than a no-fault divorce. Prior to 1984, Illinois required residents to show “fault” (such as adultery or cruelty) as a basis for proving marriage breakdown. “Fathers’ rights” is just a marketing term. For that reason, the fault for the divorce (if fault applies to only one spouse) will most not affect the distribution of property, spousal maintenance, and child custody and support determinations. Other grounds for divorce include domestic violence, drug addiction, and willful desertion. Illinois recognizes a “no-fault” grounds for divorce, meaning that neither spouse has to prove the other did something wrong to cause the divorce. Many people believe that the cause of the breakdown of the marriage may somehow benefit them in a divorce. The grounds of mental cruelty is often included by many attorneys in a petition for dissolution of marriage as a matter of routine to avoid the two year wait required to establish irreconcilable differences (six month wait with an affidavit). Call 630-232-9700 for a confidential consultation. ), Your email address will not be published. Although grounds must be established to justify a divorce, the reason for the divorce usually has very little impact, if any, in the ultimate outcome of the divorce. The process for getting a divorce and acceptible grounds for divorce … Learn how your comment data is processed. Parties rarely litigate the grounds for divorce. In the past, Illinois divorce statutes permitted spouses to file a "fault divorce" using grounds such as abuse, excessive drugs, or adultery as the reason for the break-up. Illinois also recognizes "no fault" divorce on the grounds of "irretrievable breakdown" or after a legal separation of at least two years. Q&A forums on legal issues, and especially divorce and family law questions, are popular on the Internet. Currently, Illinois only allows "no-fault divorce," with "irreconcilable differences" being the only grounds for divorce that are recognized. Illinois is a “no-fault divorce” state. For more information, see the September article on the subject in the Illinois Law Journal. Visit us at www.batavialaw.com to learn about the other things we do. They may feel bad about the divorce and not want to drag the other spouse through the mud. In some states, spouses had the option to file for divorce on the basis of fault or seek a “no-fault” divorce on the grounds that their marriage had become irretrievably broken. As a result, when seeking a divorce in Illinois, your only option is to file on the basis of irreconcilable differences. Mental cruelty is also somewhat a nebullous concept that is open to subjective interpretation and application. Any third party awards and recognitions described, listed or displayed on this site are not intended to be representations by the Drendel & Jansons Law Group or the attorneys in the firm, but are simply evidence of our acknowledgement and acceptance of those awards and recognitions for which we have been nominated by third parties based on whatever criteria they have used.
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