Stuck in a relationship where you have irreconcilable differences with your spouse? And you wish to end your relationship without having to air your dirty laundry in public and squandering your money on an expensive divorce lawyer? File for a divorce or dissolution of marriage in a no-fault state. After the ratification of the amended Illinois Marriage Act, estranged couples can file for divorce or dissolution of marriage in discreet and private manner. Under the new family law, the state does require the spouse filing for divorce to prove any fault made by his or her partner. No-fault divorce, as it’s commonly known, simply requires the spouse filing for dissolution of marriage to provide any reason and the state will honor it.
Under the new family law, effective from January 1st 2016, the state of Illinois does not consider any fault-based grounds for dissolving a marriage. Previously, the grounds for divorce included impotence, domestic abuse (physical, emotional or mental), adultery, drug addiction, conviction of a major crime. These fault-based divorces were contested by the opposing spouse leading to lengthy litigious procedures. With the amended family law in place, getting a divorce in Illinois has become quite a straightforward affair.
What are the prerequisites for filing a no-fault divorce petition?
To be able to file for a divorce in Illinois you must have been a legal resident of Illinois for a minimum of ninety days. It is not necessary for both spouses to have spent the aforementioned period of time in the state as a legal resident. Furthermore, the papers of marriage dissolution should also be filed in the county where the other spouse resides. You must have been living separately for at least six months to be divorced legally. In case, the other spouse decides to contest the divorce, the marriage will still be divorced without fault but the estrangement period will extend to a minimum of two years. A local family lawyer would help you with the finer details such as alimony, parenting responsibilities (child custody), and parenting time (visitation). Under the new regulations, you can end a bad marriage on good terms, if you acquire the services of an astute lawyer with an extensive knowledge regarding the latest state legislation.
For more information or to schedule a free consultation, contact CASEMENT LAW GROUP, P.C. today at (847) 888-9300 to speak with a veteran divorce, family or child custody lawyer on this issue.