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Can you hold your spouse responsible for your divorce?

| May 28, 2021 | Divorce |

When you file for divorce in Illinois, you might feel like you deserve a bigger share of assets. If your spouse committed a huge mistake that ended your marriage, why should you have to split your assets with them? Unfortunately, most divorces require an even distribution of assets regardless of who was at fault.

What if your spouse is responsible for the divorce?

Your spouse might be mostly responsible for your divorce if they had an affair, treated you badly or simply wasn’t the person that you thought you were marrying. In this case, it might seem safe to assume that the judge will give you a larger share of the assets. However, most states have a “no-fault divorce” option that doesn’t place the blame on either spouse.

As a result, you’ll still have to divide your assets evenly during your divorce proceeding. However, a “no-fault divorce” doesn’t have to be a bad thing. Otherwise, your estranged spouse could argue that you were partially responsible for the split. Depending on the evidence, they could even argue that you were wholly responsible. With a “no-fault” divorce, you don’t have to worry about defending yourself or your actions.

A no-fault divorce also makes it easier to negotiate with your estranged spouse. When neither party blames the other, they might be more willing to exchange assets instead of fighting with each other to get the biggest share of properties. If you have children, it’s even more important to keep your divorce proceedings civil.

How do you seek a no-fault divorce?

If you think that your marriage is beyond repair, it’s never too early to talk to an attorney about a no-fault divorce. Your attorney can’t predict exactly what might happen but could tell you what to expect and help you prepare your finances.