Getting a divorce is never an easy thing for anyone to go through and there can often be a lot of confusion about the terminology that is used in divorce proceedings. A Glenview divorce attorney in Chicago can help you navigate through the waters of a divorce and help you understand what is going on every step of the way.
What Does Fault and No Fault Mean?
When dealing with a divorce in Illinois the courts must determine how to dissolve a marriage based on the Illinois Marriage and Dissolution of Marriage Act. The divorce will be deemed either as a no fault divorce or a fault divorce. There is a difference in each status.
- A No Fault Divorce – in a no fault divorce the court decides that the divorce is not the fault or either the husband or the wife but rather the result of irreconcilable differences that could not be overcome leading to the dissolution of the marriage. For this type of divorce to be granted the husband and wife have to live their lives completely separated for over two years and must prove that their differences cannot be overcome. The two-year period can be reduced to just six months if both spouses are in agreement and sign an affidavit to that effect. Most of the divorces in Illinois end up being a no fault divorce.
- A Fault Divorce – a fault divorce is granted when one spouse is considered to be at fault for causing the marriage to deteriorate. There are many things that will warrant a divorce to be granted as at fault. If a spouse is abusive either physically or verbally, if the spouse is a habitual drunk for more than two years, if the spouse was already married when the marriage occurred or committed adultery. In addition, an at fault divorce can be granted if one spouse infected the other with a sexually transmitted disease, abandoned their spouse for more than a year or is convicted of a felony. Although many divorce proceedings begin as an at fault divorce they typically end up being granted as a no fault.
The Illinois court system encourages spouses to seek reconciliation whenever possible to avoid getting a divorce. But if all avenues of resolution have failed then the best thing to do is hire a good divorce attorney who will walk you through the system and help you move on with your life.
