Divorce laws can vary significantly from state to state, especially when it comes to the grounds you cite when petitioning the court for a dissolution of marriage. All states now allow no-fault grounds, though other states also give you the option to cite fault-based grounds, such as adultery, cruelty, or substance abuse. Illinois overhauled its divorce laws in 2016, and our state did away with fault-based grounds for divorce.

When you file for a no-fault divorce (which is now the only option in Illinois), it involves the following:

“Irreconcilable differences have caused the irretrievable breakdown of the marriage, and the court determines that efforts at reconciliation have failed or that future attempts at reconciliation would be impracticable and not in the best interests of the family.”

This does not require that you prove misconduct, which can make the divorce process faster and less stressful. Even if your spouse disagrees about the divorce, this disagreement can demonstrate that you have irreconcilable differences, and no independent evidence is needed.

However, this does not mean that marital misconduct will never play a role in the divorce process. For example, if you are getting divorced because your spouse engaged in adultery, this might affect issues in your case, such as:

  • Property division if your spouse wasted assets on the affair
  • Child custody if your spouse’s lifestyle is one that is not in the best interests of the child

Adultery and similar conduct can no longer be considered for alimony determinations in Illinois.

Consult with a Divorce Lawyer in Rolling Meadows, IL Today

The law office of attorney Charles T. Newland handles divorce cases for clients in all different types of situations. We can guide you through the entire divorce process and protect your rights. Call 847.797.9300 or contact us online to speak with a Rolling Meadows divorce attorney right away.