An Overview of Fault and No-Fault Divorce in Carlyle, IL
If you’re contemplating divorce, we understand that things are stressful and confusing. What started out with such hope is now a matter of who gets the property and belongings from your marriage. In Illinois, there are two basic types of divorce–no-fault divorce and fault divorce.
A good divorce attorney can help you choose the type that’s best for your situation. However, to give you an idea, belong is a brief description of each type.
- No-fault divorce.
Illinois is a no-fault divorce state. That means that you no longer have to charge your spouse with wrongdoing or cruelty to be able to start your life anew. If both parties agree, the process is simple and can be accomplished quickly without a waiting period.
- Fault divorce
There is only one “fault” under current Illinois law for divorce, and that is “irreconcilable differences.” This means that one of you no longer wants to be married and that future efforts at reconciliation are unlikely to be successful. If you’ve lived apart and separate for at least six months, the court views this as enough evidence that these differences are not able to be overcome. So, even if your spouse objects to the divorce, the divorce can be finalized after six months of living apart.
In both types of divorce cases, Illinois requires that the person who files be a resident of the
The state of Illinois for at least 90 days before the divorce decree is granted. You can file earlier, but you’ll have to wait for the decree until you meet the residence requirement. Ideally, you should file your court case in the county where at least one spouse resides.
If you have minor children, assets, and liabilities from the marriage, you will need to come to an agreement on what type of custody you want for your children and how your assets and liabilities will be divided.
To learn more about what type of divorce is best suited to your Carlyle IL family situation, contact the Law Offices of Michael J Diaz, today!. We’ve been helping people in west-central Illinois with all types of divorces for more than 30 years.