No-Fault Divorce in Illinois Has Never Been Faster

 Posted on May 17, 2016 in Divorce

A new report suggests that public opinion regarding divorce is beginning to shift a bit. According to an analysis of the National Survey of Family Growth, an offshoot of the Centers for Disease Control and Prevention (CDC), Americans today are less approving of divorce than they were even just five years ago.

At the same time, it can hardly be argued that such opinions are the result of a trend toward more traditional, conservative values, as Americans expressed more favorable attitudes toward young couples living together before marriage and same-sex marriages. Some have suggested that the changing view of divorce is reflective of Americans acknowledging the seriousness of a marital commitment. More people, it seems, believe that a couple should explore every possibility of resolving their problems before heading to court to dissolve their marriage.

The No-Fault Divorce Process

Regardless of how a couple has reached the point of divorce, the process in Illinois has been streamlined by recent changes to the law. Every divorce in the state is now granted on the grounds that the marriage has irretrievably broken down due to irreconcilable differences between the spouses. A divorce on the grounds of irreconcilable differences is commonly referred to as a "no-fault" divorce.

Either spouse may file the petition for dissolution of marriage, and as long as both parties agree, the proceedings can commence immediately, depending on the availability of the court. Before 2016, a couple seeking a no-fault divorce was required to live separate and apart for two years before the proceedings could continue. The separation period could be reduced to six months if both parties agreed, but for a couple trapped in a marriage that is already effectively over, six months can seem like an eternity.

Beginning this year, the mandatory separation period for a no-fault divorce has been eliminated altogether. However, in some cases, both spouses may not agree to the divorce. When that happens, the court will accept a six-month separation as irrefutable proof that the marriage has broken down due to irreconcilable differences.

Negotiation vs. Litigation

Depending on the couple’s ability to cooperate and negotiate, a no-fault divorce can be completed in just a few weeks. This will require the spouses to reach a workable agreement regarding property, spousal support, and provisions for their children that will be submitted to the court for approval. If the couple cannot work together in negotiating a divorce settlement, the case will need to be litigated and left to the court to decide. A litigated divorce, in most cases, will take far longer than a negotiated divorce, possibly lasting several months, if not longer.

Get Help With Your No-Fault Divorce

If your marriage has become unsustainable and you are ready to start thinking about divorce, the compassionate team at A. Traub & Associates is ready to help. Contact an experienced Lombard family law attorney today. We will work with you in preparing for the divorce process and will remain at your side every step of the way. Call 630-426-0196 to schedule a confidential consultation at any of our convenient office locations.

Sources:

http://www.cdc.gov/nchs/data/nhsr/nhsr092.pdf

http://www.ilga.gov/legislation/ilcs/ilcs4.asp?DocName=075000050HPt%2E+IV&ActID=2086&ChapterID=0&SeqStart=3800000&SeqEnd=5300000