Part of the new law going into effect in Illinois on January 1, 2016, significantly changes grounds for divorce.
Under the law that has been in effect since 1977, a person needs a reason (grounds) for divorce. The grounds can be “no fault” or “fault.” Fault grounds for divorce include desertion, physical and/or mental cruelty, adultery, etc. No fault grounds are that irreconcilable differences have caused the irretrievable breakdown of the marriage, efforts to reconcile have failed, and future attempts to reconcile would be impracticable and not in the best interests of the family. For a no-fault divorce, the spouses must live separate and apart continuously for more than two years, or more than six months by written stipulation.
The new law gets rid of fault grounds entirely. Starting in 2016, the only grounds for divorce will be no fault. A spouse wanting a divorce must still show irreconcilable differences caused the irretrievable breakdown of the marriage, efforts to reconcile have failed, and future attempts to reconcile would be impracticable and not in the best interests of the family.
One addition was made to the no fault grounds for divorce. If the spouses live separate and apart continuously for at least six months immediately before entry of the divorce judgment, the court presumes the requirements for irreconcilable differences are satisfied.
Another substantial result of the new law is for people wanting a divorce who have not lived separate and apart for more than six months. Under current law those spouses would have to proceed under fault grounds, which have no time period, to finish their divorce earlier. With the new law, people could have irreconcilable differences and not have to live separate and apart for six months to finish their divorce. In fact they could still live together throughout the divorce, as long as they meet the other requirements for irreconcilable differences.
The Law Office of Christopher Haaff writes about these changes because many people ask about fault grounds. Some divorce petitions allege both fault and no-fault reasons. I have seen all kinds of reactions from spouses who have fault grounds such as physical and mental cruelty alleged against them. The new law eliminates some of the emotions attached to fault grounds for divorce, and allows people to proceed with a faster divorce without having to live separate and apart for six months.