Grounds for Divorce in Illinois

 Posted on February 25, 2014 in Family Law

There are times when a couple simply can’t work out their differences during a marriage. Most couples don’t take the idea of divorce lightly. For anyone seeking a divorce, thoughts about the time and money spent on the marriage are exacerbated by the time and money that will be spent in getting the divorce.

In Illinois, sometimes a couple does not give a reason for their desire to seek a divorce, and in those instances, the couple is said to have “irreconcilable differences.” When divorcing couples do give a reason for the divorce, the reason is considered the “grounds” for the divorce.

Grounds for Divorce

There are several reasons that may be given as grounds for a divorce. If the couple seeks a divorce based on irreconcilable differences, they must show that those differences caused an irretrievable breakdown of the marriage, and they must live separate and apart for two years, or six months if they sign a waiver.

Outside of irreconcilable differences, 750 ILCS 5/401 delineates the grounds for dissolution of a marriage. The Illinois Consolidated Statute alludes to several actions that may be taken by a spouse that constitute grounds for a divorce.

Adultery is one of the grounds for divorce, and impotency is considered grounds for divorce as well. A previous marriage that has not been dissolved before the new marriage takes place is also considered grounds for divorce, with a felony conviction included on the list.

Additional grounds include habitual drunkenness or drug addiction which must have lasted for at least two years, extreme and repeated physical cruelty, mental cruelty, infection with a sexually transmitted disease, or some act that shows malice directed at the other.

What to do

Some of the above-mentioned grounds for divorce, absent the irreconcilable differences, can be detrimental to your well being, and may even be dangerous. It may be in your best interest to remove yourself from the marital home if you feel that you are in danger. Regardless of which “ground” for divorce may pertain to the particular situation, if you find yourself in a marriage and want a divorce you should seek legal help to discuss the aspects of your case.

Legal Help

Contact a professional divorce attorney if you or someone you know is contemplating a divorce, and there is a question as to whether the reason constitutes “grounds” for a divorce. There may be criminal consequences for your spouse depending on the grounds. The Professionals at Goostree Law Group, can analyze the circumstances and offer you their legal opinion. Call today 630-584-4800.