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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.

However, for those unaware of the no-fault state, irreconcilable differences were the only option when trying to avail of divorce from your spouse.

However, by the Public Act 99-90, all faults-based grounds responsible for dissolving a marriage have been eradicated.

New Law: What it says

Thus, from January 1, 2016, the only ground available for the couples seeking to dissolve their marriage will be irreconcilable differences.

For the same, the residency requirement is 90 days.

What will be the impact of this new law?

  • Technically there is no sort of waiting period required to enter the decree of your divorce if you and your spouse agree to irreconcilable differences to have arisen in your marriage.
  • 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.
  • The implication is if your spouse challenges that, there were irreconcilable differences if you two have been living separately and apart from 6 months, there is not much.
    • You do not need any signed documents by your spouse for the same.
  • It is indeed tedious if you have to prove irreconcilable differences without a six-month separation.
  • You can file for the divorce where the spouse resides.
    • However, if no one objects, they can take any county that both the spouse chooses.
  • It is again imperative for you to understand that even when the only ground for dissolving a marriage is irreconcilable differences, the courts can still declare that a marriage is invalid.
  • Again, making a marriage invalid is different from dissolving a marriage.

Bonus article: 6 tips to properly handle your divorce case


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