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Illinois now a “no fault” state, How?

HomeDivorce IllinoisIllinois now a “no fault” state, How?

So, the New Year has docked in some new rules and laws for the state of Illinois. As indicated by the topic, it will be a no-fault state when the context is divorcing your spouse.

For those unaware of the same, irreconcilable differences were the only option when trying to avail divorce from your spouse. However, now in accordance with the Public Act 99-90, there has been eradicated all faults-based grounds which were responsible for dissolving a marriage.

New Law: What it say

Thus, from January 1, 2016, the only ground which will be available for the couples seeking to dissolve their marriage will be irreconcilable differences. For the same, the residency requisite is 90 days.

What will be the impact of this new law?

  • If you and your spouse agree to irreconcilable differences to have arisen in your marriage, then technically there is not required any sort of waiting period to enter the decree of your divorce.
  • However, if there is one spouse who is contesting the grounds of irreconcilable differences, a new subsection (a-5) to 750 ILCS 5/401 is required.
  • In accordance with this, the implication is that even if your spouse contests that there were irreconcilable differences, but if you two have been living separately and apart from 6 months, there is not much which can be done. You do not need any signed document by your spouse for the same.
  • If you are to prove irreconcilable differences without a six month separation, it is indeed tedious.
  • The filing for the divorce can be pursued in the county, where the spouse resides. However, if no one objects, then any county that both the spouse chooses can be taken.
  • It is again imperative for you to understand, that the even when the only ground for dissolving a marriage are irreconcilable differences, the courts can still declare that a marriage is invalid.
  • Again, making a marriage invalid is different from dissolving a marriage.

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