Grounds for Divorce in Illinois

DuPage County Attorneys Help Clients Navigate Divorce

Andrew Cores Family Law GroupIn the state of Illinois, in order for a couple to obtain a divorce, there must be grounds, or a specific reason as to why the divorce is taking place. A divorce is technically referred to as a "Judgment for Dissolution of Marriage," and, for many years, could be based "fault" or "no-fault" grounds.

New Divorce Laws for 2016

As of January 1, 2016, a divorce in Illinois can only be granted on the of "irreconcilable differences." In order to use these grounds, also known as a "no-fault divorce," it must be proven that irreconcilable differences have caused an irretrievable breakdown of the marriage, efforts at reconciliation have failed and future efforts of reconciliation would not be in the best interests of the family.

Prior to the law change, couples using irreconcilable differences as grounds for divorce, spouses were required live "separate and apart" for at least two years. This mandatory separation period has been eliminated under the new law. A six-month separation, however, will be accepted by the court as proof of irreconcilable differences, in the event of contested divorce.

Previous Grounds of Divorce in DuPage County

The amended law also eliminated all fault grounds for divorce in Illinois, including:

  • Mental cruelty
  • Adultery
  • Alienation of affection
  • Physical cruelty
  • Drug addiction or drunkenness
  • Infection with a sexually transmitted disease
  • Conviction of a felony

These grounds were used less frequently than "irreconcilable differences," often due to the fact that many of the grounds were not easy to prove.

Learn More From an Experienced Illinois Family Lawyer

For more information about grounds for divorce in Illinois and your options, we invite you to discuss your matters with one of our experienced attorneys at Andrew Cores Family Law Group. Contact us to schedule a free initial consultation by calling 630-871-1002. We represent clients in DuPage County, Cook County, and Kendall County.

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