The Power To Move Forward

Prior to 1984, divorcing residents of Illinois were required to show “fault” (such as adultery or physical abuse) as a basis for proving marriage breakdown.

The Illinois Marriage and Dissolution of Marriage Act
now allows couples to file for divorce
using a “no-fault” ground.

With the “no-fault” ground, you do not blame anyone for the breakdown of the marriage. You need only tell the court that irreconcilable differences have caused the irrevocable breakdown of the marriage and that you believe that efforts at reconciliation have failed and that future attempts of reconciliation would be impracticable and not in the best interest of the family.

The “no-fault” ground can only be used after a period of separation. A six month separation is required if both parties agree to use this ground. Otherwise, a two year separation is needed to use this ground.

Separation, as it applies to this ground, has been extended to also include living under the same roof, but not as Husband and Wife (i.e. no physical contact, freedom to come and go without explanation, separate laundry, separate checking accounts, etc.)

You do not, however, have to be separated for six months before a case can be filed. The time requirement has to do with how long you have been separated at the time the court is going to grant your divorce, not when you file.

The “no-fault” ground is the easiest to prove, but you may use 'fault' grounds in order to obtain a divorce.

To prove “fault” grounds for divorce you need to show that your spouse:

To prove “fault” grounds for divorce
you need to show that your spouse:

• was at the time of your marriage, and continues to be naturally impotent;
  
• had a living wife or husband at the time of your marriage;
  
• committed adultery during your marriage;
  
• willfully deserted you for at least one year;
  
• has been guilty of habitual drunkenness for the space of two years;
  
• has been guilty of gross and confirmed habits caused by the excessive use of addictive drugs for the space of two years;
  
• has attempted your life by poison, or other means showing malice;
  
• has been guilty of extreme and repeated physical or mental cruelty;
  
• has been convicted of a felony or other infamous crime; or
  
• has infected you with a sexually transmitted disease.

Contact Us to set an appointment. The consultation is free. We look forward to working with you and we know you will be pleased with our services.

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