New Law Would Eliminate At-Fault Divorce

 Posted on July 21,2015 in Divorce

Lawmakers in Illinois recently sent Governor Bruce Rauner a bill that would make a number of sweeping changes to a number of family law provisions in the State. The legislation takes aim at several different family-related concerns including parental relocation regulations, child custody agreements and spousal maintenance issues. It will also significantly impact divorce proceedings around the State in two primary ways.

Irreconcilable Differences

Known currently as Senate Bill 57, the new law, if enacted, would eliminate the at-fault grounds for divorce from the Illinois Marriage and Dissolution of Marriage Act. As a result, every divorce would be handled as a no-fault divorce on the grounds of irreconcilable differences. A large number of Illinois divorces already cite irreconcilable differences under the existing law, and, by law, fault cannot be considered in property division or spousal maintenance proceedings anyway. The proposed law would simply remove fault grounds such as infidelity, impotence, and physical cruelty as an option in divorce.

No More Two-Year Separation

Perhaps the largest impact of the new law on divorce would be the removal of the mandatory separation period for a no-fault divorce. Under the current law, a couple must show that they "have lived separate and apart for continuous period in excess of 2 years," which may be shortened to six months if the spouses agree. If they do not agree, however, the two-year separation period means that a spouse who would rather be divorced must put his or her life on hold for an additional 18 months.

The new law would eliminate the two-year period altogether, and leave only a mandatory six-month separation period for couples who cannot agree on the divorce. Couples who do agree on the divorce can proceed without waiting. Proponents of the measure maintain that this allows the focus of the parties and the court to remain on important issues rather than watching a calendar for no good reason.

Legal Counsel You Can Trust

Senate Bill 57 looks to make a number of other changes to the statutes in Illinois, but until Governor Rauner makes a decision, the current laws continue to guide family law matters. If you have questions related to divorce, child custody, or any other family concerns, contact an experienced Arlington Heights family law attorney today. At A. Traub & Associates, we are committed to helping our clients no matter what family issues they may be facing. We look forward to speaking with you.