Does No Fault Divorce In Illinois Make It Easier?

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 grounds for divorce in Illinois are irreconcilable differences. Learn more about no-fault divorce below, then contact our Chicago divorce attorneys at Gordon & Perlut, LLC if you need assistance.

Does No-Fault Divorce Make Things Easier?

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.

Can Your Spouse Contest A No-Fault Divorce?

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.

How Will Marital Assets Be Divided In A No-Fault Divorce?

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 if there is a divorce. So, you may be awarded more property.

How Has No-Fault Divorce Impacted Divorce In Illinois?

No-fault divorce has profoundly transformed the divorce landscape in Illinois, significantly enhancing accessibility and reducing the adversarial nature of the process. With the implementation of a pure no-fault divorce system in 2016, Illinois couples are no longer required to prove wrongdoing, such as adultery or cruelty, to end their marriage. Instead, they simply need to demonstrate irreconcilable differences, simplifying and expediting the legal proceedings while minimizing conflict between parties.

Key Impacts of No-Fault Divorce in Illinois

Faster and Less Contentious Divorces

Prior to the establishment of no-fault divorce, spouses were obligated to establish fault-based grounds for divorce, which often led to prolonged, emotionally charged disputes. This requirement frequently resulted in lengthy court battles filled with accusations and stress. In contrast, under the no-fault system, couples can dissolve their marriage without engaging in a blame game, making the divorce process significantly quicker and less emotionally taxing for all involved.

Reduced Financial and Emotional Strain

The financial implications of fault-based divorces can be severe, as they often entail significant legal fees, extensive evidence collection, and additional court time. The no-fault divorce framework eliminates the necessity for proving misconduct, which lowers overall costs and allows couples to concentrate on reaching equitable settlements rather than engaging in bitter fights. This shift facilitates a more amicable divorce process that can mitigate the emotional fallout often associated with divorce.

Enhanced Privacy and Confidentiality

Under the fault-based divorce system, intimate and personal grievances—such as infidelity or substance abuse—could become public records, exposing personal issues to the scrutiny of others. The no-fault divorce model protects the privacy of individuals by requiring them to disclose only irreconcilable differences, thereby ensuring that deeply personal disputes remain confidential and minimizing the potential for public humiliation.

Increased Accessibility to Divorce

One of the most significant advantages of no-fault divorce is its ability to provide a pathway for individuals in unhappy or abusive marriages to leave without needing to prove fault. This change has been especially beneficial for spouses who faced challenges in meeting the legal criteria for divorce in a fault-based system. Consequently, more individuals now have the opportunity to seek a new beginning, leading to improved emotional well-being.

Shift in Legal Strategy

The elimination of fault-based grounds has shifted the focus of divorce cases from proving wrongdoing to addressing practical matters such as asset division, child custody, and financial settlements. This new emphasis encourages collaborative negotiations and mediation-based resolutions rather than adversarial tactics, which can often escalate conflicts. As a result, couples are more inclined to work together to achieve mutually beneficial agreements.

Concerns About No-Fault Divorce

Despite the advantages, the no-fault divorce system has faced criticism. Some detractors argue that making divorce too accessible may contribute to higher divorce rates, as individuals may choose to end their marriages with less consideration than before. Others express concern that the removal of fault-based grounds can reduce leverage in negotiations, particularly in cases involving financial misconduct or abusive behavior, where proving fault could have significant consequences.
In conclusion, no-fault divorce has significantly reshaped family law in Illinois, making the process of divorce more efficient, private, and accessible to all. Although concerns about the potential implications of this system persist, its primary focus on fairness and conflict reduction allows couples to move forward in their lives without engaging in unnecessary legal battles. If you are contemplating divorce, consulting a qualified family law attorney can provide you with the guidance you need to navigate the process effectively and ensure that your rights and interests are protected.

Contact Our Chicago No-Fault Divorce Attorney Now

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.

(Updated 4/21/2025)