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Orland Park, IL Divorce Filing Attorneys

Will County Fault and No-Fault Divorce Legal Representation

In the past, the only spouse who could file for divorce was the spouse who was not “at fault” for the marriage ending. This is no longer true in Illinois, but there are still fault grounds for divorce in Illinois. No-fault divorce is also an option.

At the Illinois divorce law firm of Kezy & Associates, we can assist you in filing for divorce regardless of whether you seek a fault or no-fault divorce. Our Orland Park divorce attorneys will explain your options and help you make an educated decision about how you should file.

Fault Grounds for Divorce in Illinois

There are many different “fault” grounds you can choose from when filing for a traditional divorce. They include:

  • Adultery;
  • Bigamy;
  • Physical or mental cruelty (extreme and repeated);
  • Substance abuse for at least two years;
  • Abandonment for at least one year;
  • Infecting a spouse with an STD;
  • Impotence;
  • Felony conviction; and
  • Attempted murder of the other spouse.

Filing for a divorce based on fault has little to no impact on what the filer will get out of the divorce, as Illinois law states the court must make decisions about property and asset distribution and alimony “without regard to marital misconduct.” In effect, the primary benefit to filing for a fault-based divorce is that it allows you to obtain a divorce without a waiting period.

No-Fault Divorce in Illinois

In addition to fault grounds, you can also choose to file a no-fault divorce, in which the grounds are known as “irreconcilable differences.” In order to file for a no-fault divorce, you must satisfy several conditions, including:

  • Living separately and apart for two years (does not have to be in separate homes);
  • Irreconcilable differences have caused a permanent breakdown in the marriage;
  • Reconciliation attempts have failed; and
  • Further efforts to reconcile are not advisable.

For most people, the two year separate and apart condition is the most troubling, as once you file for divorce, you want to get it over with as soon as possible. In some cases, the separation requirement may be waived if both spouses agree to it. A significant benefit to filing a no-fault divorce is that it allows you to avoid entering your personal business into the public record.

If you are considering filing for divorce, contact us to schedule a free consultation to discuss your legal options. We are experienced in handling both fault and no-fault divorces, and we will help you choose the best way to file for divorce in your situation. Our Orland Park divorce attorneys work with clients throughout Will County including Orland Park, Joliet, Crete, Aurora, and the surrounding communities.

Family Law News

Illinois family laws changed on July 1, 2017. Click here to read how child support was affected.

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