Getting a Divorce in Illinois: Grounds for Dissolution of Marriage

 Posted on June 19, 2014 in Divorce

While Illinois law values the institution of marriage, it also recognizes that marriage does not always work out. Thus, Illinois residents may seek a court judgment to dissolve their marriage. The petitioner (the party filing for divorce) may have to prove one of the following grounds for dissolution of marriage:

• The respondent (the party responding to the divorce petition) was impotent;
• The responding party had a wife or husband living at the time of the marriage (bigamy);
• The responding party cheated on his or her spouse;
• The responding party left his or her spouse for at least one year;
• The responding party, for two years, has shown “habitual drunkenness”;
• The responding party has used drugs in an excessive manner for two years;
• The responding party has abused, threatened, or attempted to kill his or her spouse;
• The responding party has been convicted of a felony; or
• The responding party transmitted to the petitioner a sexually transmitted disease.

Other grounds for dissolution of marriage relate to both spouses and not to fault by an individual party. The petitioner might have to prove that the parties have lived separate and apart for at least two years. In this case, there must be irreconcilable differences that caused the marriage to deteriorate. The court must also determine that marriage counseling or other reconciliation attempts are impracticable and not in the best interests of the family. The petitioner may also have to prove if the spouses have lived separate and apart for at least six months. However, the two-year requirement may be waived if both provide written consent to the court.

(Note that if you are living separate and apart from your spouse and are not at fault, you might have grounds to seek reasonable support and maintenance.)

The law does not punish spouses who attempt to reconcile while they are separated. As long as the parties are living separate and apart generally, any cohabiting related to marriage counseling or other good-faith attempts to reconcile will be included in the requisite separation periods. Keep in mind that the court could determine that reconciliation is possible. In that case, the judge may order a conciliation conference or mediation.

Either or both spouses may initiate divorce proceedings. A petition for dissolution of marriage or legal separation must include:

• Each party’s age, occupation, residence, and length of residence in Illinois;
• The date of the marriage and the place where the marriage was registered;
• Whether there is a petition for dissolution of marriage pending anywhere else;
• The grounds for dissolution of marriage or legal separation;
• The names, ages and addresses of any children produced by the marriage;
• If the wife is pregnant;
• Desired child custody/support and maintenance arrangements; and
• The relief sought.

We understand that divorce can be a contentious, drawn-out process. This is why you need to contact an experienced Kane County divorce attorney who can ensure that you leave your marriage in the best position possible. Call us today for a consultation. We can assist those in the St. Charles area.