Legal Grounds for Divorce in Illinois

 Posted on April 29, 2013 in Divorce

In order to file for a no fault divorce, the spouses must have lived separately for a continuous period for at least two years and irreconcilable differences must be the reason for the divorce. The court will also determine that efforts to recover the marriage have failed, and that future attempts would be useless and not in the best interest of the family. The qualification of living separately for at least two years may be waived if the couple has lived apart for at least six months and if they have entered into a judgment of dissolution of the marriage.

Fault grounds for divorce include:

• The respondent is naturally impotent, or unable to consumate the marriage
• The respondent committed adultery
• The respondent has infected his or her spouse with a sexually transmitted disease
• The respondent is guilty of habitual drunkenness for at least two years
• The respondent is guilty of confirmed habits of addictive drugs for at least 2 years or has attempted to take the life of his or her spouse by poison or other means, or is guilty of repeated cruelty of any kind to the spouse
• The respondent has another husband or wife during the time of the marriage
• The respondent willfully deserted his or her spouse for at least one year, which includes any and all time in which marriage dissolution or legal separation was pending
• The respondent has been convicted of a felony or other crime

If you are going through a divorce, legal separation, or similar event, contact an Illinois divorce attorney for assistance. A.Traub & Associates can assist you with your separation and divorce legal needs in Lombard, Ill. today.