Illinois has been a no-fault divorce state for years. However, until 2016, petitioners could file for divorce for adultery, impotence, alcoholism, and more. Today, the only ground for divorce in Illinois is irreconcilable differences. Learn more about no-fault divorce below, then contact our Chicago divorce attorneys at Gordon & Perlut, LLC if you need assistance.
Most people understand what no fault divorce means. However, some still believe that someone at fault in marriage matters in court. For example, you might think that if your husband cheated on you, it could affect how much alimony you receive.
Who did wrong in a marriage doesn’t matter in an Illinois divorce. Therefore, responsibility for the breakup doesn’t play a role in the division of assets. If your spouse wronged you, that is undeniably painful. However, from an Illinois legal perspective, the reasons for your breakup don’t matter.
Yes. If one spouse wants to reconcile after divorce, then you must prove irreconcilable differences to get your divorce. However, once you live ‘separate and apart’ for a minimum of six months, that is enough “proof” to show irreconcilable differences. It does not mean you have to live in separate houses, but you can do it. If you live separately and apart for six months, the grounds for divorce have then been met.
The first part of dividing marital assets in a no-fault divorce is determining the assets that are marital property and which are not. If you owned property before you were married or inherited it, this is deemed separate property assuming you maintained its separate character.
The courts in Illinois use an “equitable” distribution standard in divorces, but this does not always mean there will be a 50/50 split. Instead, the assets could be divided in many ways that the court says are fair and just. Some of the factors the court will consider as it divides assets include:
How long you were married: The shorter you were together, the more likely there will be a 50/50 split. However, if there is a longer marriage and a large income disparity, the court could very well award more assets to the spouse with a lower income.
Earning power: If you stayed at home to raise the children, you would have less earning power when there is a divorce. So, you may be awarded more property.
If you are getting divorced in Chicago, it is essential to be represented by an attorney who will ensure you are treated fairly. The Chicago no-fault divorce attorneys at Gordon & Perlut, LLC can help you.
Our lawyers are skilled and experienced in handling no-fault divorces in Evanston, Des Plaines, Park Ridge, Mount Prospect, Elk Grove Village, Glenview, Niles, Prospect Heights, Northbrook, Wheeling, Winnetka, Arlington Heights, Riverside, Rosemont, Glencoe, Morton Grove, Rolling Meadows, and Wilmette. Please contact Gordon & Perlut, LLC at (312) 360-0250 for help with your divorce.