No-Fault Divorce

When people were forced to use one of the original eleven grounds for divorce, they were required to come to Court and blame their spouse.  With the addition of the “No-fault” ground, no-one has to be blamed anyone for the breakdown of the marriage. You need only demonstrate to the Court that irreconcilable differences have caused the irretrievable breakdown of the marriage and that you believe that past efforts at reconciliation have failed OR that future attempts at reconciliation would be impracticable and not in the best interests of the family.

I use the term “modified” no-fault ground for divorce because there is a limitation–judgment can be entered only after the parties have been living separate and apart for a period in excess of six months AND both parties agree to use irreconcilable differences as their ground for divorce. Otherwise, in order to use no-fault as a ground for your divorce, you must be separated for a two year period before judgment can be entered.

Please keep in mind that “living separate and apart” does not mean separate residences.  ”Living separate and apart” is a word of art (legal art) that has a specific meaning and it DOES NOT require that the parties in a divorce case live under separate roofs–or even in separate bedrooms.  The case may be different for legal separation.  Talk to an attorney about your specific set of facts.

For more information call me at: 630.409.8184 or e-mail: mmw@divorcelawyerdupage.com