What Are the Legal Grounds for Divorce in Illinois?

 Posted on December 00,0000 in DuPage County divorce lawyer

Sadly, marriages do not always work out. According to the most recent statistics, between 45 percent and 50 percent of first-time marriages end in divorce. While some relationships face troubles from the start — troubles that are often complicated by the marriage process — other marriages develop problems later on. Whatever the reason, many Americans find themselves making the decision to file for divorce. Splitting up a marriage, however, comes with a lot of legal work, including determining what the legal grounds for divorce will be, that can seem daunting for those who are not familiar with the process.

Understanding the justifiable legal grounds for divorce is the first step in ending a marriage. Like all difficult life changes, having a network of support can make a world of difference.

Just as people can benefit from emotional solace from friends and family during a divorce, so too can an attorney provide the legal support that is sometimes necessary. Even though some choose to face the legal task of ending a marriage on their own, those who are inexperienced can find a major challenge in navigating the legal work and intricacies of the law.

In Illinois, a legal grounds for divorce can be one of two ways: fault or no-fault. Faults consist of:

• Mental anguish or abuse;
• Physical anguish or abuse;
• Substance abuse, addiction and/or drunkenness;
• Inability to conceive a child;
• Adultery;
• Abandonment.

Fault-based divorces typically involve situations in which it would be understandable to wish for the marriage to end. No-fault divorces, however, may be trickier to understand.

Also referred to as “irreconcilable differences,” a no-fault divorce is possible if the spouses have been living apart for at least two years. This can be shortened to six months if both sides agree to the divorce.

The separation must be literal, meaning both sides need to be living in different places. They also must not be regularly involved in each other's lives. Courts also require that the couple demonstrate that they have made earnest attempts at saving the marriage but have come to the conclusion that it is not possible.

After classifying a divorce as “no-fault,” the legal proceedings begin. It is important to note that irreconcilable differences do not require either spouse to discuss any specific actions or behavior that may have incited the divorce.

Ending a marriage is no easy task, but it is not a challenge you have to take on alone. If you are looking for a dedicated Aurora family lawyer, consider the Law Office of Matthew M. Williams P.C. With an experienced background in both law and psychiatry, Mr. Williams can sit down with you to review your case and discuss your best course of action. Contact us today at 630-409-8184.