Could Claiming Fault in a Divorce Be Making a Comeback?
Posted on August 05, 2024 in Divorce
No-fault divorce—first legalized by California Governor Ronald Reagan in 1969—is now an option in all 50 states, with New York being the last state to implement no-fault divorce in 2010. Prior to no-fault divorce, the spouse filing for divorce had to claim a "fault" on the part of their spouse for the divorce to move forward. These fault-based grounds for divorce usually included infidelity, abandonment, mental or physical cruelty, drug or alcohol addiction, bigamy, sterility, neglect, infection with a sexually transmitted disease, and more.
Conservatives have often claimed no-fault divorce is a danger to traditional American family values. In fact, in 2016, House Speaker Mike Johnson claimed no-fault divorce had turned the U.S. into a "completely amoral society." Contrarily, many people—including divorce attorneys—see no-fault divorce as a common-sense path to divorce that reduces some of the burdens on couples and divorce courts.
If you are considering filing for divorce in Illinois, it can be extremely beneficial to have an experienced Wheaton, IL divorce attorney by your side. Divorce is never easy, even under the best of circumstances. When there is disagreement regarding one or more issues associated with your divorce, it is even more essential to have a strong legal advocate in your corner.
What is No-Fault Divorce?
When a couple files for a no-fault divorce, neither spouse must allege or prove that one spouse’s behavior caused the divorce. Illinois law eliminated fault-based grounds for divorce, making the only acceptable reasons for divorce "irreconcilable differences." While some states still allow filing either on fault-based grounds or no-fault, Illinois only allows no-fault divorce.
Irreconcilable differences can include financial disputes, personality differences, communication issues, differences in values or goals, or a myriad of other marital issues. Couples must only show the court that their relationship is broken and cannot be fixed. Legally speaking, no-fault divorces are much less complex.
When one spouse claims fault as grounds for divorce against the other, that allegation must be proven in court. Proving something like adultery usually adds layers of pain and resentment between the spouses and can potentially affect the outcome of custody or even asset distribution. Supporters of no-fault divorce point to the protections wielded on behalf of spouses in domestic violence situations.
Has No-Fault Divorce Increased the Divorce Rates in the U.S.?
Since the first no-fault divorce in 1969, studies have shown that no-fault divorce correlates with a reduction in female suicides and a reduction in intimate partner violence, with a 10 percent drop in women murdered by their partners. Over the past two decades, the divorce rate has actually dropped from 4.0 divorces per 1,000 people across the United States in 2000 to 2.4 divorces per 1,000 people in 2022.
Prior to no-fault divorce, a woman in the United States in an abusive or exploitative marriage did not have a wide array of options. Husbands generally controlled the finances of the family, and there was a social stigma for those who divorced. When a husband did not want a divorce, the wife was left to struggle in a potentially abusive marriage because she simply had no other realistic options. For the most part, no-fault divorce has become the norm, yet a significant number of conservative lawmakers—largely men—are pushing to do away with the process.
Contact a DuPage County, IL No-Fault Divorce Attorney
Divorce can be emotionally difficult, and it is best served by having a skilled Wheaton, IL no-fault divorce attorney from Andrew Cores Family Law Group by your side. Our attorneys always keep the goals of our clients uppermost in our minds as we develop case strategies. We are diligent about maintaining communication with our clients throughout their cases as we strive to obtain the best outcome possible.
We are proud that our attorneys are always 100 percent prepared for virtually any eventuality. We thoroughly investigate and analyze each case, which allows us to negotiate a favorable outcome—or, when that is not possible, litigate the solution that obtains the desired outcome. Contact Andrew Cores Family Law Group at 630-871-1002 to schedule a free consultation.
