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Illinois: Grounds for Divorce in Illinois
Each state has unique grounds in which a dissolution of marriage may be granted by the court. When choosing the grounds for your dissolution of marriage, you should always remember that you must have sufficient proof to the court that your marital situation warrants a dissolution of marriage by the grounds you are requesting.
Grounds for Filing: The Petition for Dissolution of Marriage must declare the appropriate Illinois grounds upon which the dissolution of marriage is being sought. The appropriate lawful ground will be that which the parties agree upon and can substantiate, or that which the filing spouse desires to prove to the court. The dissolution of marriage grounds are as follows:
No-Fault:
That the spouses have lived separate and apart for a continuous period in excess of 2 years and irreconcilable differences have caused the irretrievable breakdown of the marriage. The living separate and apart for a continuous period in excess of 2 years may be waived upon written stipulation of both spouses filed with the court.
Fault:
(1) Impotence;
(2) the respondent had a wife or husband living at the time of the marriage;
(3) Adultery;
(4) Willfully desertion;
( 5) Habitual drunkenness for the time of 2 years;
(6) Drug Addiction for the time of 2 years;
(7) Extreme and repeated physical or mental cruelty;
(8) Convicted of a felony or other infamous crime;
(9) Spouse infected with a sexually transmitted disease.
(750 Illinois Compiled Statutes - Chapter 5 - Sections: 401)
Copyright Notice: The above synopsis of Illinois grounds for divorce is original material which is owned an copyrighted by Divorce Source, Inc. This material has been adapted from applicable state laws and unauthorized reproduction is prohibited. Violation of this notice will result in immediate legal action.
If you do not fall under any of the above mentioned grounds for divorce/dissolution, you most likely should consider trying to save your marriage. Many spouses find that they do not meet the requirements of a waiting period, which can be very frustrating, but it is these waiting periods that are in place in order to help prevent rash decisions to terminate a marriage.
Related Divorce Resources:
- Start Your Illinois Divorce Today (5 Great Options!)
- Locate a Illinois Divorce Professional Near You
- Read More About Illinois Divorce Laws
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