Grounds for Divorce in Illinois

DuPage County Attorneys Help Clients Navigate Divorce

Andrew Cores Family Law GroupA petition for divorce will often state the specific reasons the divorce is taking place, known as "grounds for divorce." A divorce is technically referred to as a "Judgment for Dissolution of Marriage," and, for many years, divorces in the state of Illinois could be based "fault" or "no-fault" grounds.

Updated Divorce Laws in 2016

As of January 1, 2016, a divorce in Illinois can only be granted on the grounds 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 were required to 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 that one party contests the grounds for 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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