PLEASE NOTE: Johnson, Johnson & Nolan will remain open and available to serve you during the COVID-19 crisis. We are offering our clients the ability to meet with us in person, via Telephone or Video Conference. Please call our office to discuss your options.

Five Generations Of Legal Excellence - One Client At A Time
Family Law
Estate Planning
Probate And Estate
Business Law

Advantages and disadvantages of fault divorce

On Behalf of | Mar 6, 2015 | Divorce |

Our Practice Areas

Illinois is a no-fault divorce state, meaning that you and/or your spouse can end your union without proving that any wrongdoing occurred in your marriage. No-fault divorce is the simpler and less acrimonious option in many cases, but it is not always the most appropriate choice. Understanding when and how establishing fault affects divorce proceedings can help you decide if it is the right option in your specific case.

Typically, no-fault divorce involves both parties agreeing to the terms of the dissolution of their marriage. As a result, neither party may dispute or challenge the divorce suit and the process can proceed with limited to no conflict. Claiming fault in divorce proceedings, however, usually involves a higher degree of tension between parties from the very beginning. Still, pursuing a fault divorce is preferred in some cases.

According to, agreements for things like spousal support, child custody and property division can be impacted by the establishment of fault in divorce proceedings. If you are able to illustrate that the grounds of your divorce is based on a wrongdoing committed by your husband or wife, the family court may rule more in your favor in some cases. It is important to note, though, that it would be your responsibility as the party accusing fault to provide evidence of any wrongdoing in your case.

It is also important to keep in mind that the initial stages of your divorce may proceed more quickly if you pursue a fault-based dissolution of marriage. Filing for no-fault divorce typically involves a mandatory period of separation. Several other factors can come into play when determining whether fault or no-fault divorce is the right choice for you. To learn more about the establishment of fault in divorce and other related topics, visit our web page today.



FindLaw Network