Divorce Law: Grounds for Divorce in Illinois

May 5, 2023 Amanda

Divorce Law: Grounds for Divorce in Illinois

Grounds for Divorce	Description
Adultery	When one spouse engages in sexual relations with someone outside the marriage.
Bigamy	When one spouse is already married to someone else.
Impotence	When one spouse is unable to engage in sexual relations.
Abandonment	When one spouse leaves the other for a continuous period of one year or more.
Drug or Alcohol Addiction	When one spouse has a habit of using drugs or alcohol to the point where it interferes with the marriage.
Mental Cruelty	When one spouse engages in a pattern of behavior that causes emotional harm to the other spouse.
Irreconcilable Differences	When the marriage has broken down irretrievably and there is no chance of reconciliation.

Introduction

The following are the most common grounds for divorce recognized in Illinois:

Irreconcilable differences: This ground does not require proof of fault and can be cited if the marriage has broken down beyond repair.
Mental cruelty: This ground can be cited if one spouse’s behavior causes severe mental suffering to the other spouse, making it impossible to continue living together as husband and wife.
Physical cruelty: This ground can be cited when one spouse inflicts physical harm on the other, making it unsafe or intolerable to live together.

In addition to these three main grounds, there are several others recognized under Illinois law. It is important to speak with an experienced family law attorney who can help you determine which grounds may apply in your situation and guide you through the legal process ahead.

Overview of divorce law in Illinois

In addition to these major issues, divorcing couples must also address a range of practical matters such as changing their legal name back to their maiden name (if desired), updating estate planning documents like wills and trusts and determining how tax returns will be filed going forward. A knowledgeable family law attorney can guide you through each step of this process and help ensure that your rights are protected at every turn.

Importance of understanding grounds for divorce

Understanding the grounds for divorce is important because they can impact how your case is handled and the outcome of your divorce settlement. For example, if you cite irreconcilable differences as your ground for divorce, you may be eligible for a simplified dissolution process that can save time and money compared to a traditional court proceeding.

Additionally, some grounds for divorce require more evidence or documentation than others. If you are citing mental cruelty as your ground for divorce, you will need to provide specific examples of behavior that caused severe mental suffering to prove your case.

In short, having a solid understanding of the grounds for divorce in Illinois can help ensure that you pursue the best course of action given your unique situation and increase your chances of achieving a favorable outcome in court.

No-Fault Grounds for Divorce

Illinois is a no-fault divorce state, meaning that you do not have to prove fault in order to obtain a divorce. Instead, you can cite irreconcilable differences as your grounds for divorce and the court will grant it if certain criteria are met.

You and your spouse must have lived separately for at least six months
You and your spouse must agree that reconciliation is unlikely or impossible
You must provide testimony regarding the irretrievable breakdown of your marriage under oath or affirmation to the court

If these requirements are met, then a judge may grant a dissolution of marriage on the basis of irreconcilable differences. It’s important to note that while this makes obtaining a divorce easier than having to prove fault, there are still many other issues that need to be resolved during the divorce process such as property division, spousal support and child custody.

Irreconcilable differences

Irreconcilable differences is the most commonly cited ground for divorce in Illinois. This is because it allows couples to end their marriage without having to prove fault or wrongdoing on either side.

To file for divorce based on irreconcilable differences, you must show that:

You and your spouse have been living separately for at least six months; or
You and your spouse have experienced “irreconcilable differences” that have caused a breakdown of the marriage, making it impossible to continue living together as husband and wife.

If these conditions are met, you can file a petition for dissolution of marriage with the court. Once both parties agree to terms like property division, spousal support, and child custody (if applicable), a judge will issue an order dissolving the marriage.

Living separate and apart for a certain period of time

Illinois also recognizes living separate and apart as a ground for divorce. In this case, the couple must have lived separately for a minimum period of six months prior to filing for divorce.

If you are considering pursuing a divorce based on living separate and apart, there are several things to keep in mind:

You must be able to provide documentation or other evidence that you have been living separately from your spouse for at least six months.
The date of separation can impact how property is divided in the divorce settlement, so it’s important to establish this early on with the help of an attorney.
If you and your spouse have children together, it’s crucial to work out custody arrangements during this time period before filing for divorce.

Fault Grounds for Divorce

If you believe your case may involve a fault ground for divorce, it is important to speak with an experienced family law attorney who can help you understand your options and develop a strategy tailored to your specific situation.

Adultery

Adultery can be a particularly sensitive issue in divorce cases, and it is recognized as one of the grounds for divorce under Illinois law. If you are citing adultery as your ground for divorce, you will need to provide evidence that your spouse engaged in sexual intercourse with someone else during your marriage.

It is important to note that proving adultery can be difficult and may require the help of a private investigator or other expert witness. Additionally, while citing adultery can have emotional appeal, it may not always be the best legal strategy depending on the specifics of your case.

An experienced family law attorney can help you determine whether citing adultery is appropriate given your unique circumstances and advise you on how to proceed accordingly.

Mental cruelty

If you are considering citing mental cruelty as your ground for divorce, it is important to have evidence to support your claim. This could include emails, text messages, voicemails, witness testimony from friends or family members who witnessed abusive behavior and other relevant documentation that helps illustrate how the behavior made you feel.

Physical cruelty

It’s important to note that if you are experiencing domestic violence at home and do not feel safe filing for divorce right away or leaving your abuser immediately because they may retaliate against you before legal action takes place; there are resources available. You can reach out to local domestic violence hotlines or shelters who can provide support and assistance with safety planning until you’re ready to take next steps.

Desertion

Desertion, also known as abandonment, is another ground for divorce recognized in Illinois. This occurs when one spouse willfully and without justification abandons the other spouse for a period of at least one year.

To prove desertion, you must demonstrate that:

Your spouse left you with no intention of returning
You did not agree to your spouse’s departure or give your consent
Your spouse was absent from the marital home for at least one continuous year before you filed for divorce

If you can successfully demonstrate these elements in court, then it may be possible to obtain a divorce based on desertion.

Drug or alcohol addiction

Drug or alcohol addiction can be a challenging issue to navigate in divorce cases. In Illinois, addiction itself is not recognized as a legal ground for divorce, but it can impact other aspects of the divorce settlement such as child custody and visitation.

If one parent has a history of substance abuse, the court may award primary physical custody to the other parent to ensure the safety and well-being of the children involved.
The court may also require drug or alcohol testing as part of a parenting plan or order supervised visitation until the addicted parent gets treatment and demonstrates sobriety.

If you are dealing with drug or alcohol addiction in your marriage and are considering divorce, it is important to work with an attorney who has experience handling these complex cases. Your attorney can help you understand your legal rights and options under Illinois law and provide guidance on how best to protect yourself and any children involved.

Defenses to Fault Grounds for Divorce

It’s important to note that if your spouse successfully defends against your fault-based grounds, you may still have options. You can attempt to refile based on irreconcilable differences or another recognized ground for divorce, or you can try to negotiate a settlement outside of court with the help of an experienced family law attorney.

Condonation

Condonation is an important legal concept that applies in cases where one spouse has committed marital misconduct, but the other spouse has forgiven them for it. In Illinois, condonation can be used as a defense against some grounds for divorce.

Here are some key things to know about condonation:

Condonation must be made with full knowledge of the misconduct and its impact on the marriage
The forgiving spouse cannot later use the misconduct as a basis for divorce
If additional instances of misconduct occur after condonation, it may no longer apply as a defense

If you believe that your spouse’s behavior constitutes grounds for divorce but have previously forgiven them or continued living together after learning of their conduct, it is important to speak with an experienced family law attorney who can help guide you through this complex area of law.

Connivance

One lesser-known ground for divorce in Illinois is connivance. This refers to a situation where one spouse has encouraged the other to engage in behavior that would be considered grounds for divorce, with the intention of then using that behavior as a basis for filing for divorce themselves.

If you are considering citing connivance as your ground for divorce, there are several key factors to keep in mind:

You must be able to prove that your spouse intentionally caused or encouraged the behavior that led to your desire for divorce.
The court will examine all evidence carefully before granting a divorce on these grounds, so it’s important to work closely with an experienced family law attorney who can help you build a strong case.

Recrimination

Recrimination is an important legal concept to understand in the context of divorce law in Illinois. Essentially, this means that if both spouses are guilty of wrongdoing (such as adultery or mental cruelty), they may cancel each other out and neither will be granted a divorce on those grounds.

For example, if one spouse accuses the other of adultery but it is later discovered that they too were unfaithful during the marriage, recrimination could be cited and neither party would be granted a divorce on the grounds of adultery.

If you suspect your spouse may use recrimination against you in your divorce case, it’s important to work with an experienced family law attorney who can help you build a strong case and protect your rights throughout the legal process ahead.

Proving Grounds for Divorce

In many cases, proving grounds for divorce can be complicated and emotionally difficult. This is why it’s crucial to work with an experienced family law attorney who can help guide you through this process and advocate on your behalf in court.

Evidence required

In cases where irreconcilable differences is cited as the ground for divorce, no fault needs to be assigned and no supporting evidence is required.

It’s important to work with an experienced family law attorney who can help you gather the necessary evidence and build a strong case if any grounds for divorce require it. Your lawyer can also advise you on what documentation will be most effective in proving your case, ensuring that all legal requirements are met along the way.

Burden of proof

When filing for divorce on specific grounds in Illinois, the burden of proof lies with the petitioner. This means that you must provide evidence to support your claim that the marriage has irretrievably broken down or that one spouse’s behavior constituted mental or physical cruelty.

The type and amount of evidence required can vary depending on the grounds cited. For example:

If citing irreconcilable differences as your ground for divorce, no proof of fault is required, but both spouses must agree to the dissolution and all terms related to it.
If citing mental cruelty as your ground for divorce, you will need to provide specific examples of behavior that caused severe emotional distress.
If citing physical cruelty as your ground for divorce, you may need police reports, medical records or eyewitness testimony to prove allegations of abuse.

An experienced family law attorney can help gather and present evidence on your behalf to meet the burden of proof and strengthen your case in court.

Expert witnesses

Expert witnesses can play a critical role in divorce cases, particularly when it comes to issues like child custody, property division and spousal support. An expert witness is typically someone with specialized knowledge or training who can provide testimony that helps the court better understand complex issues at hand.

Examples of expert witnesses commonly used in divorce cases include:

Custody evaluators: These professionals are trained to evaluate parents and make recommendations about what type of custody arrangement would be in a child’s best interests.
Forensic accountants: These experts can help uncover hidden assets or income during property division proceedings.
Vocational experts: These professionals can assess a spouse’s ability to work and earn an income, which may impact decisions related to spousal support.

If you believe that your case may benefit from the use of an expert witness, it is important to speak with an experienced family law attorney who can help connect you with the right professional for your situation.

Legal Process for Divorce

The length of time it takes to complete this process can vary depending on factors such as whether children are involved or how much disagreement there is between spouses regarding key issues. An experienced family law attorney can help guide you through each step of this process and provide invaluable support during what can be an emotionally challenging time.

Filing for divorce

If you and your spouse are able to reach an agreement on issues like property division, child custody, support payments and other matters related to ending your marriage, you may be able to avoid going to court altogether. Instead, you can submit a written agreement detailing how these matters will be handled moving forward. If approved by the judge overseeing your case, this document becomes legally binding.

If you cannot reach an agreement with your spouse through negotiation or mediation, however, it may become necessary to go before a judge in court. In these cases, each side presents evidence supporting their position on various issues related to the divorce settlement. The judge then makes decisions based on what they believe is fair given all available information.

Serving the other party

Once you have filed for divorce and determined your grounds, the next step is to serve the other party with a copy of the divorce petition. This is known as “service of process” and is required by law in order to give the other party notice that you are seeking a divorce.

The most common method of service is personal service, which involves physically handing a copy of the petition to the other party or leaving it at their residence if they cannot be located.
If personal service is not possible, alternative methods such as certified mail or publication may be used.

Serving the other party can be a complex and sensitive process, particularly if there are issues around domestic violence or restraining orders. It’s important to work with an experienced family law attorney who can help ensure that proper protocol is followed and your rights are protected throughout this stage of your case.

Responding to divorce papers

Your response must be filed within 30 days of being served with divorce papers unless an extension is granted by the court. Failing to respond could result in a default judgment being entered against you, which means that your spouse could potentially receive everything they asked for without any input from you.

Negotiating a settlement

The ultimate goal of any settlement negotiation should be to reach an agreement that works for both parties without unnecessary conflict or litigation. However, if negotiations break down completely or one party refuses to cooperate in good faith, going to court may become necessary.

Trial

If you and your spouse cannot reach an agreement on key issues such as property division, child custody, or spousal support outside of court, a judge will make the final decision for you at trial. Going to trial can be stressful and expensive, so it is important to work with a knowledgeable family law attorney who can help you prepare.

Here are some things to keep in mind about divorce trials in Illinois:

A judge will hear evidence from both sides before making decisions about how assets should be divided and whether one spouse should receive alimony.
You may need to testify in court and present evidence that supports your case, such as financial statements or witness testimony.
The outcome of the trial is binding and difficult (though not impossible) to appeal later on.

Conclusion

Going through a divorce can be one of the most difficult experiences a person can face. However, understanding Illinois’ divorce laws and grounds for divorce can help ease some of the stress and uncertainty associated with this process.

By working with an experienced family law attorney who understands Illinois’ unique legal landscape, you can feel confident that your rights will be protected at every step of the way. Whether you are citing irreconcilable differences, mental cruelty or another ground for divorce, having skilled representation by your side is essential to achieving a favorable outcome in court.

If you’re facing a divorce in Illinois or simply have questions about how these laws work, don’t hesitate to reach out to our team today for guidance and support.

Importance of hiring a divorce attorney

Hiring a divorce attorney is critical for anyone going through the divorce process. The following are some reasons why:

Knowledge and experience: An experienced family law attorney will have knowledge of Illinois divorce law, including grounds for divorce and other legal issues that may arise.
Negotiation skills: A skilled attorney can negotiate on your behalf to help you achieve the best possible outcome in terms of property division, child custody, and support agreements.
Emotional support: Divorce can be an emotional rollercoaster. An empathetic attorney can provide guidance and support as you navigate this challenging time in your life.

Ultimately, hiring an experienced family law attorney is one of the most important steps you can take to protect your rights during the divorce process. Your lawyer will work tirelessly to ensure that your interests are represented fairly in court and that any settlement or agreement reached is favorable to you.

Resources for further information

If you are considering divorce in Illinois, there are a range of resources available to help guide you through the process:

The Illinois State Bar Association provides a searchable directory of family law attorneys throughout the state.
The Illinois Legal Aid Online website offers free legal information and assistance for low-income individuals seeking a divorce.
The Illinois Department of Healthcare and Family Services has resources on child support and custody issues related to divorce.

Additionally, speaking with friends or family members who have gone through a divorce can provide valuable insight into what to expect during this challenging time. Remember that every situation is unique, so it is important to consult with an experienced attorney who can provide personalized guidance based on your specific circumstances.

FAQ on ‘Divorce Law: Grounds for Divorce in Illinois’

Can I file for divorce based on irreconcilable differences?

Yes. Irreconcilable differences mean that there has been a breakdown of the marriage that cannot be repaired, and efforts at reconciliation have failed or would not be in the best interests of the family.

Do I need to prove fault to get a divorce?

No. Illinois is a no-fault divorce state, which means that you do not need to prove fault to get a divorce. However, if you choose to file for divorce based on one of the fault-based grounds, you will need to provide evidence to support your claim.

How long do I have to live in Illinois before filing for divorce?

You must reside in Illinois for at least 90 days before filing for divorce.

What is the process for getting a divorce in Illinois?

The process begins with filing a Petition for Dissolution of Marriage with the court. After serving your spouse with the petition and allowing time for a response, you will attend court hearings regarding issues such as property division, child custody and support, and spousal maintenance. If an agreement cannot be reached on these issues, they may go to trial.