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Phone: 630-932-9100

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Subscribe to this list via RSS Blog posts tagged in no fault divorce

b2ap3_thumbnail_grounds-for-divorce.jpgWith the adoption of the updated version of the Illinois Marriage and Dissolution of Marriage Act (IMDMA), the Illinois General Assembly and its appointed Illinois Family Law Study Committee amended the many of the sections of the IMDMA to reflect cultural norms and trends that are pervasive in today’s modern family lifestyle. The amendments to IMDMA overhauled how the courts understand divorce, child custody, alimony, among other things.

Grounds For Divorce: The Once-Traditional Pathway to Divorce

In historical practices in family law, because marriage was considered fundamental and was to be protected in any way possible, the courts required that those couples who were interested in divorcing would need to have evidence or proof that would go to the matter as to the reasoning surrounding the divorce. This was known as “grounds for divorce”, and before the divorce could be considered, the parties would have to put forth reasons, based on their partners’ misconduct, to show that there was fault behind the reason that the marriage was damaged in the first place.

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divorce by publication, DuPage County family law attorneys, no fault divorce, missing spouse, abandoned spouse, deserted spouse, divorce agreementIn Illinois, couples may decide to divorce either by claiming that a divorce is fault-based or no fault-based. A no fault divorce basically provides that there are no specific reasons for which a couple may decide to divorce, other than their desire to separate. However, there are fault-based reasons by which a spouse may use.

Fault-Based Grounds for Divorce in Illinois

The following are the fault-based grounds for a divorce in Illinois:

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divorce grounds, DuPage County family law attorney, Illinois grounds for divorce, irrational behavior, irreconcilable differences, leading causes behind divorce, Mevorah Law Offices LLC, no fault divorce, unreasonable behaviorIn a past study, findings showed that married women who had a stronger educational background than their husbands would be more likely to experience divorce. The statistics were based largely on the gendered stereotypes, which in the past led to marital unrest where traditional gender roles were being tossed aside. However, a new study published in July 2014 suggests that the previous research may be the exception and not the rule.

The study suggests that due to the increase in the egalitarian nature of male and female relationships, educational disparities are no longer associated with a higher possibility of dissolution. The study also finds that couples who have similar educational backgrounds are now more likely to succeed then they were in the past. The numbers found in current demographics suggest that women serving as breadwinners and with the same educational background (or higher) than their spouses has become the new normal. A Pew Research Center study estimates that four out of 10 households has women as the chief moneymakers. Therefore, the question now asked is, what are the factors that lead to divorce these days?

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no-fault divorce, divorce decree, family law attorneys, DuPage Divorce Lawyers, Illinois lawyers, legislation, divorce legislationIn a move that may signal a trend amongst politically conservative states in America, a bill has been introduced in the Kansas House of Representatives that would eliminate “no-fault” divorce. The legislation, introduced by Republican Rep. Keith Esau on behalf of another representative, would strike that part of Kansas’ Divorce and Maintenance statute that lists “incompatibility” as a legally viable ground for a divorce decree. “No-fault divorce gives people an easy out instead of working at it. It would be my hope that they could work out their incompatibilities and learn to work together on things,” said Rep. Esau about the bill.

Detractors, however, see the goals as noble, but the means as flawed. Family law expert and attorney Morgan O’Hara Gering does not believe that this will reduce the number of divorces; rather, it will just make them more contentious. “It could create a lot more litigation and a lot more headaches just to fight about who’s to blame.”

Kansas is historically conservative, having voted for the Republican presidential candidate in every presidential election since 1968. However, 10 percent of the men and 12 percent of the women in Kansas are divorced, as of 2008. This could be seen as evidence of the seeming paradox between states with high political and religious conservatism having the highest rates of divorce. Whatever the cause, divorce seems to be a problem with some politicians, and Kansas is not alone. Oklahoma, Kansas’ neighbor to the south, recently introduced a bill that, while not eliminating no-fault divorce, lengthened the waiting period for divorce. Typically, however, “at-fault” divorces are available to anyone.

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divorce decree imageIllinois law offers divorces in two ways: those where a specific reason is given (“grounds), and those where no reason is given (“irreconcilable differences”). Before filing for an Illinois divorce it is important to discuss with your attorney the best course of action for citing a reason, as giving a reason with grounds could present burden of proof issues that could affect the outcome of the divorce dependent on the intent of your ex-spouse.

In Illinois we use the term "irreconcilable differences" to describe what others know as a "no fault" divorce. No-fault divorce is a divorce in which the dissolution of a marriage does not require a showing of wrongdoing by either party. Laws providing for no-fault divorce allow a family court or other court to grant a divorce in response to a petition by either party to the marriage, without requiring the petitioner to provide evidence that the respondent has committed a breach of the marital contract.

To prove this reason, you must be separated from your spouse for at least 2 years, or 6 months if you're in agreement about the divorce. You must state that both of you have made every effort to try to work out your problems, but your marriage cannot be saved. You do not need to describe any specific behavior that your spouse did to prove irreconcilable differences.

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