No-Fault Divorce

In a no-fault divorce, neither spouse is required to prove that the other party is at fault for the breakdown of the marriage. Instead, the filing spouse simply needs to state that the couple has "irreconcilable differences" that have caused an irretrievable breakdown of the marriage. This means the marriage has broken down to the point that it cannot be repaired, and that both spouses have irreconcilable issues that prevent them from staying married.

Overview of No-Fault Divorce in Illinois

• Illinois is a purely no-fault divorce state

• The only grounds for divorce is "irreconcilable differences"

• Neither spouse needs to prove fault for the marriage breakdown

• The filing spouse must state that the couple has irreconcilable differences causing an irretrievable breakdown of the marriage

• At least one spouse must have been an Illinois resident for 90 days

• The divorce process involves filing a petition, serving the other spouse, and resolving issues through agreement or court proceedings

Understanding No-Fault Divorce Requirements

In a no-fault divorce, the filing spouse does not need to prove that the other party caused the marriage to break down. They only need to state in the divorce petition that "irreconcilable differences have caused the irretrievable breakdown of the marriage." This means the relationship has deteriorated to the point that it cannot be repaired due to fundamental disagreements or issues between the spouses.

To file for no-fault divorce in Illinois, the following requirements must be met:

• Residency: At least one spouse must have resided in Illinois for 90 days or more prior to filing.

• Separation Period: The spouses must live "separate and apart" continuously for a minimum of six months before the divorce judgment is entered. Living separately does not always require living in different homes - spouses can cohabitate as long as they sleep in separate bedrooms and have ceased marital relations.

• Agreement on Irretrievable Breakdown: If both parties agree that the marriage is irretrievably broken and reconciliation has failed, the court may waive the six-month separation requirement.

In the divorce petition, the filing spouse must clearly state that irreconcilable differences have caused the irretrievable breakdown of the marriage. They do not need to provide specific details about the nature of the differences or issues causing the breakdown. As long as the court is satisfied that the marriage has broken down due to irreconcilable differences and there is no reasonable prospect of reconciliation, the no-fault divorce can proceed.

Legal Process for an Attorney Representing a No-Fault Divorce Client

For a lawyer representing a client who meets the Illinois requirements for a no-fault divorce, the typical legal process would involve the following steps:

1. Initial Consultation:

• Meet with the client to gather information about their situation, assets, debts, children (if any), and goals for the divorce.

• Explain the no-fault divorce process, requirements, and what the client can expect.

• Discuss potential issues such as property division, alimony, child support, and parenting responsibilities.

2. Filing the Divorce Petition:

• Prepare the divorce petition on the client's behalf, stating that irreconcilable differences have caused the irretrievable marriage breakdown.

• File the petition with the appropriate court and pay the required filing fees.

• Arrange for proper service of the divorce petition to the other spouse, who has 30 days to file a response.

3. Uncontested Divorce:

• If the divorce is uncontested, meaning the spouses agree on all issues, work with the client to negotiate and draft a marital settlement agreement.

• The agreement should address property division, alimony, child support, and parenting time.

• Submit the agreement to the court for approval and incorporation into the final divorce decree.

4. Contested Divorce:

• If the spouses cannot agree on all issues, proceed through the court divorce process.

• This may include discovery (exchanging financial and other relevant information), settlement negotiations, mediation, and trial if needed.

• Advocate for the client's interests in court hearings regarding marital property division, alimony, child support, and parenting responsibilities.

• Negotiate with the other spouse's attorney to try to reach a settlement agreement.

5. Finalizing the Divorce:

• Once all issues are resolved by agreement or court order, submit the final divorce decree for the judge's approval and entry.

• Ensure that the decree accurately reflects the terms of the settlement or court rulings.

• Provide the client with a copy of the final decree and advise them on any necessary follow-up actions, such as updating beneficiary designations or transferring property titles.

Throughout the process, the attorney should keep the client informed, provide legal advice, and work diligently to achieve the client's objectives while ensuring compliance with Illinois divorce laws and court procedures. The attorney should also be prepared to handle any unexpected issues or challenges that may arise during the case.