There was a lot of talk throughout the 2024 election about no-fault divorce and the future of this legal process. Critics claim it has broken down the institution of marriage by making divorce much easier. Others, like myself, believe no-fault divorce has helped make modern divorces less emotionally toiling, expensive and detrimental to couples and their children.
Divorce is never easy, and when the process is highly contentious, it can scar families and pit two people against each other for life. That said, relationships do not always work, and there is no question no-fault divorce is the best legal process to help both parties and their families navigate this challenging life event.
History of No-Fault Divorce in Illinois
Throughout my career, I have seen Illinois’ divorce law evolve, and there are several key milestones in its history. In 1977, Illinois adopted the Illinois Marriage and Dissolution of Marriage Act (IMDMA), which recognized, for the first time, the concept of a marital partnership. This gave each spouse an equal footing in a divorce regarding the division of assets.
In 1984, the Illinois Legislature added grounds of irreconcilable differences to the law, a broad term that means a marriage has deteriorated beyond repair. This was important because, up until that point, people could only get divorced on grounds like adultery, mental and physical cruelty and desertion, which had to be proven in court. Litigants were even required to bring witnesses to verify claims, which added to the total cost and time of the divorce process. It also created even more conflict that might not have arisen otherwise. Unlike those grounds, courts no longer required couples to prove claims that the marriage could not be saved.
Then in 2016, the Illinois Legislature amended the law, and all grounds for divorce were eliminated except for irreconcilable differences. The updated law further reduced the “separate and apart” requirement from two years to six months with the agreement of the parties. This meant couples only have to affirm they have ceased marital relations, whether they live at the same address or not, and no further attempt at reconciliation was possible. The Illinois statute was amended thereafter to provide that if the parties were separated for at least six months prior to the divorce then there would be an irrebuttable presumption that the requirement of irreconcilable differences has been met.
Benefits of No-Fault Divorce
Before the introduction of no-fault divorce in Illinois and the addition of irreconcilable differences, people went to great lengths to get divorced. Some would leave the state to get divorced and then return to hash out how visitation and custody of their children and finances would be handled. No-fault divorce has removed these barriers. It has also lowered the “temperature” of the process, decreased costs, increased privacy and helped keep our already backlogged legal system from becoming more bogged down.
One of the greatest benefits of no-fault divorce, however, has been its impact on children. Divorce can have adverse effects on kids, and when you add in the emotions of two parents fighting over the grounds of separating, it makes things even uglier and more detrimental. I can only imagine the emotional and psychological toll many children suffered as a result of their parents fighting about who caused their divorce.
Advice for Couples Considering Divorce
While no-fault divorce provides the foundation for a smoother divorce process, the key to reducing conflict and acrimony lies in both parties being reasonable. That is my biggest piece of advice to any couple considering a divorce. If you are going to look for the first or last dollar or revenge at any level, you are never going to be satisfied. That is why it is so important to work with a seasoned and quality lawyer who will give what I call “within the 40-yard line” advice – a knowledgeable professional who will steer you in the right direction without letting emotions complicate things.
Divorcing couples are better off in the short and long term cooperating with each other, especially as it relates to their children. The reality is, if you have children together, you are going to have to deal with your ex-spouse for the rest of your lives. They will likely be there for graduations, weddings, the birth of grandchildren and other major life events. Your life and those in it will be better if you can establish some level of cooperation and clear communication.
Overall, no-fault divorce helps foster mutual cooperation and ensures that decisions are grounded in equitable principles rather than punitive ones. Despite all of the recent chatter around the pros and cons of no-fault divorce, the law, at least in Illinois, is not likely going to change any time soon — and that is a good thing for couples and families.