Basics of Illinois Divorce

Until you are faced with your own divorce, most people have no idea about even the most basic Illinois divorce laws and requirements. In the state of Illinois, divorce may be based on a specific grounds, or reason that justifies the divorce, or simply based on a no-fault provision, which requires that the parties be separated for two years prior to the divorce being finalized, unless they agree in writing to waive the separation period. The no-fault reason is referred to as irreconcilable differences. If the parties want to
choose a fault-based reason for the divorce, they may choose any of the following:

  • Impotency of either spouse
  • Either spouse already married and not divorced or widowed at the time of this marriage
  • Adultery
  • Desertion without reasonable cause for at least one year
  • Habitual drunkenness for two years
  • Excessive use of addictive drugs for two years
  • Attempted murder of one spouse by the other
  • Extreme and repeated physical cruelty
  • Extreme and repeated mental cruelty
  • Conviction of a felony
  • Infection of one spouse with a communicable venereal disease by the other

Whether to use the no-fault provision or a specific ground for divorce in your divorce petition is often a tactical decision. If the parties don’t want to be separated for two years prior to finalizing their divorce, but are unable to resolve their issues through settlement, then using one of the grounds for divorce listed above may be the best option. In any case, you should discuss all of these options with
your divorce lawyer and let your attorney help you decide which option is the best for you and your situation.

If you are contemplating filing for divorce in Illinois, you will need the assistance of an experienced Chicago area family law and divorce attorney to assist you. Contact our office today and schedule your consultation in order to get a thorough evaluation of your case, and to learn about the next step to take in order to initiate the divorce process.

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