On January 1, 2016, the amendments to the Illinois Marriage and Dissolution of Marriage Act passed in 2015 went into effect. Among these amendments were changes to the waiting period for divorcing couples, the language used to discuss child custody and related issues, and the elimination of fault-based divorces. This means that all divorces sought in Illinois in 2016 and after are “no-fault” divorces, which means that neither party is blamed for the end of their marriage.
How can this affect you? It can make the divorce process much quicker. It also eliminates blame in divorces. What it does not mean is that every divorce in Illinois will now be identical. On the contrary, every divorce is unique because every couple’s situation that leads to their divorce is unique, and eliminating fault-based divorces did not eliminate these factors.
What is a No-Fault Divorce?
A no-fault divorce is a divorce that occurs due to “irreconcilable differences” that drove the marriage to the point that it cannot be repaired. This is in contrast to fault divorces, which cite much more specific reasons for ending. Previously, couples in Illinois could opt for a fault divorce, which could be for a variety of reasons such as infidelity, bigamy, abandonment, or domestic violence.
Previously, couples who filed for no-fault divorces were required to live separately for at least six months (or two years if both parties did not agree to a no fault divorce) before they could proceed with a divorce that did not blame one person for causing the marriage to fail. Now, couples no longer have to wait this long to proceed with their divorces on a no-fault basis.
What if my Spouse Contests the Divorce?
When an individual files for divorce, he or she must serve his or her spouse with documentation that requests a divorce, which is known as a Petition for Dissolution of Marriage (“Petition”). When an individual is served with divorce papers, he or she has up to 30 days to respond to the court in writing The spouse who is served with the Petition cannot prevent the filing spouse from getting a divorce. However, he or she can refuse to agree to a settlement, making the case a contested divorce. If this happens, discuss it with your attorney to ensure that your rights are protected. Protect yourself by making sure you follow the correct procedure when serving your spouse with the paperwork.
Work with a Chicago Divorce Attorney
If you are considering filing for divorce this year, contact me to schedule your free initial consultation. We can discuss all of the recent changes to Illinois’ divorce laws so you come away with a full understanding of the divorce process and what you are facing with it. Do not wait – educate yourself by sitting down for your consultation with me, an experienced Chicago divorce attorney, and schedule a consultation today.
