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Grounds for Divorce

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Grounds for Divorce

Divorcing in Illinois
When your happily ever after seems to be taking a turn for the worse and divorce seems imminent, it can be an emotionally and physically taxing time.  Therefore, it helps to be aware of the different grounds for divorce, and how they will impact your proceeding. 
One of the first steps is to file a Petition for Dissolution of Marriage.  In addition, the party that files this document is the Petitioner or Plaintiff, and the other spouse is the Respondent or Defendant.  The Petition for Dissolution of Marriage is a public document and is very brief and lists basic facts about you, the spouse, and any children.  In the Petition, the reason for the divorce must also be listed as “fault” or “no fault” grounds.  
What are “Fault” Grounds for Divorce?
In Illinois a divorce can be granted for either a “fault” or “no fault” grounds for the ending of the marriage.  The following types of conduct are reasons for grounds for a “fault” divorce:

  • Adultery
  • Bigamy
  • Physical or mental cruelty
  • Desertion
  • Drug addiction
  • Impotency
  • Conviction of a felony

For the divorce to be granted as “fault”, it must be proven in court.  In addition, no matter what the misconduct is of the spouses, the judge will not use that as a deciding factor in regards to the division of marital assets of property.
What are “No Fault” Grounds for Divorce?
When a “no fault” divorce is granted, it means that neither spouse was at fault for the crumbling of the marriage.  Another frequently used term for a “no fault” marriage is also irreconcilable differences.  Likewise, under such grounds, neither party has to prove any claims of misconduct and the divorce is simple and only requires the following:

  • Both spouses have lived apart for 2 years; can mean in the same household as roommates
  • Irreconcilable differences caused the breakdown of the marriage
  • All efforts to work it out have failed
  • A reconciliation is not the best interest for the family

 When you are in need of legal representation for a divorce in Illinois, the skilled Granite City family law attorney, Deborah Besserman can help.  Deborah understands that caring and compassion are needed for such an emotionally charged case.  Please contact Besserman Law Office today for a consultation. 

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