No-Fault Divorce Lawyer in Illinois


Whether you have a lot of assets and children or no assets and no children, divorce is hard. When it breaks down, in most cases, you don't have to prove one spouse was at fault. No-fault divorces are the most common type of divorce today as opposed to fault-based divorces. To have the divorce approved, however, you still need to have all matters pertinent to asset division, child custody, child support, spousal support, and (sometimes) attorney fees worked out. That can be done either by agreement of the parties or by a judge's decision. 

At The Law Firm of Erin N Birt PC (Birt Law), our no-fault divorce attorney in Illinois will make sure your rights and interests are represented and upheld. Contact us online or call us at (630) 891-2478 if you are thinking about a divorce or have received divorce papers, and we will help you determine your next best steps in the process.  

What is a No-Fault Divorce in DuPage County?

A no-fault divorce occurs when one spouse files for divorce from the other spouse without alleging and having to prove the other spouse was at fault for the marital breakdown. This is  often referred to as an “irretrievable breakdown of the marriage” or “irreconcilable differences” between the parties. All states recognize no-fault divorces in one form or another.

Uncontested versus Contested No-Fault Divorces in DuPage County

An uncontested no-fault divorce is one where the parties are able to come to an agreement as to the terms of their divorce. In other words, they are able to determine amongst themselves (with or without the assistance of counsel) the matters related to their divorce, such as child custody, child support, division of assets, and alimony. As long as a judge finds that the terms are equitable, the final decree of divorce will reflect the agreed-upon terms of the parties.

A contested no-fault divorce occurs when the parties (with or without the assistance of counsel) are not able to reach an agreement regarding the matters related to the divorce. It is possible the parties disagree about everything, or just one or two items. When the parties disagree, many states require they attend mediation. Either way, when there is no agreement, the court must become involved, and the parties will proceed to trial. A judge will hear the case and make a ruling that the former spouses will be required to follow.

Do You Need a Divorce Attorney in Illinois for a No-Fault Divorce?

Many people incorrectly assume that if their divorce is not fault-based, they do not need to seek advice from a divorce lawyer. However, if you are filing for a no-fault divorce, or if your spouse has filed for a no-fault divorce, it is in your best interest to hire a lawyer to represent you throughout the proceedings. Benefits of retaining counsel include the following.

  • Your attorney will know the laws of your state and what is required to be successful in a no-fault divorce. 
  • An attorney will provide you with invaluable advice that is specific to your situation.
  • An attorney can ensure you are not given the short end of the stick when negotiating with your spouse, especially when your spouse is represented by counsel. 
  • It is possible your spouse has not been forthcoming regarding their assets. An attorney can help you investigate to make certain everyone comes to the table with clean hands. 
  • Most divorces involve the things in life that matter most to you, such as your children and your money. A divorce is not the time to cut corners when your most valuable possessions are at stake. 

Whether your no-fault divorce is contested or uncontested, hiring an attorney can bring you peace of mind in knowing you have someone looking out for your best interests.

Contact a No-Fault Divorce Attorney in Illinois Today

Whether or not you think you can handle a no-fault divorce on your own is your decision. But we know from experience: that getting smart legal advice helps make sure your rights and interests are protected. A divorce is a life-changing event, and how it proceeds can affect you today and tomorrow. Contact The Law Firm of Erin N Birt PC (Birt Law) online or at (630) 891-2478 to schedule a consultation & planning session. It's the least you can do to make sure you are headed in the right direction.

Recent Posts


  • She was responsive and gave good counsel.

    What did you value most about working with Erin Birt? She was responsive and gave good counsel. Read On

  • Uncontested Divorce Saved Money

    I am so glad that I chose her to represent me in this uncontested divorce!  I liked that she charged a flat fee, and I believe that I saved a lot of money by proceeding with this uncontested divorce - rather than with traditional litigation.  It was also extremely beneficial to move through the p... Read On

  • I valued Erin's professionalism

    I valued Erin's professionalism more than anything. Never at any moment did my confidence waiver in her guidance and direction. Her actions are purposeful, direct and were always in my best interest.  Read On

Family Centered Divorce ∙ Mediation ∙ Co-Parenting

Birt Family Law is the family centered law and mediation practice with a focus on restorative divorce; offering creative and supportive legal and mediation solutions with one goal: keeping the separating family out of court and working together towards a peaceful resolution.

We offer multiple options to achieve this goal including mediation, coaching, co-parenting strategies, and restorative divorce services. 

Why We Are the Right Firm For You

Birt Family Law is committed to answering your questions about Family Law and Mediation. We'll gladly discuss your situation with you at your convenience. Contact us today to schedule a free 15 min call.