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Grounds for Divorce in Illinois

On What Grounds May I File for Divorce in Illinois?

Illinois allows for both fault and no fault divorces, and recognized 13 grounds for divorce.

  1. Impotency - The respondent was at the time of such marriage, and continues to be naturally impotent.
  2. Bigamy - The respondent had another wife or husband living at the time of the marriage.
  3. Adultery - The respondent had committed adultery subsequent to the marriage.
  4. Abandonment - The respondent has willfully deserted or absented himself or herself from the petitioner for the space of one year, including any period during which litigation may have pended between the spouses for dissolution of marriage or legal separation.
  5. Habitual Drunkenness - The respondent has been guilty of habitual drunkenness for the space of 2 years.
  6. Excessive Use of Addictive Drugs - The respondent has been guilty of gross and confirmed habits caused by the excessive use of addictive drugs for the space of 2 years.
  7. Attempted on Life of Spouse - The respondent has attempted the life of the other by poison or other means showing malice.
  8. Cruelty - The respondent has been guilty of extreme and repeated physical or mental cruelty.
  9. Felony Conviction - The respondent has been convicted of a felony or other infamous crime.
  10. Infection of Spouse With Sexually Transmitted Disease - The respondent has infected the other with a sexually transmitted disease.
  11. Separation for 2 Years - The spouses have lived separate and apart for a continuous period in excess of 2 years.
  12. Irreconcilable Differences - Irreconcilable Differences have caused the irretrievable breakdown of the marriage and the court determines that efforts at reconciliation have failed or that future attempts at reconciliation would be impracticable and not in the best interests of the family.
  13. Separation for 6 Months Plus Waiver - If the spouses have lived separate and apart for a continuous period of not less than 6 months next preceding the entry of the judgment dissolving the marriage, as evidenced by testimony or affidavits of the spouses, the requirement of living separate and apart for a continuous period in excess of 2 years may be waived upon written stipulation of both spouses filed with the court.

I Want a Divorce!  Do I Need a Lawyer?

Yes.  You should contact a divorce attorney immediately.  Initially they will help you file for divorce, and then later assist you with the exchange of documents, settlement, and any trial issues.  A good divorce attorney is vital to making sure that you get everything that you are entitled to.

Consult a Lawyer - Present Your Case Now!

Find the Right Lawyer Now: Present Your Case

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