Fault Most Important During Divorce Settlement

Illinois has largely removed the consideration of fault by either party from the divorce process. Because Illinois is a no-fault divorce state, a spouse may only cite irreconcilable differences when filing for divorce. Though infidelity or abuse can cause divorce, divorce courts are not concerned with them when determining whether to grant a dissolution of marriage. It is a spouse’s desire to divorce that is important, not the reason for it. However, some accusations of fault remain relevant when a court creates the terms of a divorce agreement. The court may consider illegal or immoral behavior by one spouse when deciding to compensate or protect the other spouse. Property Division Illinois divorce law instructs courts to equitably divide marital properties between two spouses. Equitable is different than equal because it means the courts are not required to be exactly even when dividing properties. Courts can start from equal and use…

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