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Substitution of a Judge in Divorce Proceedings
When a divorce case is initially filed it may be automatically assigned by the Clerk to a certain Judge.
Either party should be timely advised, immediately upon filing, as to who the Judge is expected to me, subject to facts and circumstances.
The clients should confer with their respective attorneys immediately to confirm if the law firm, or any attorneys within the law firm, are comfortable with the Judge that may have been assigned the case. If for any reason the law firm or attorneys may not be comfortable, that should be taken up immediately with the client to determine if any substitution of Judge may be appropriate. Further, if the client has any reason that the client believes there should be a substitution of Judge, whether or not the attorney does or does not believe there should be a substitution, the client should immediately discuss same with their attorney so that the attorney and the client coordinate in regard to whether or not to request a substitution of Judge, in a timely manner. The client should be advised, in writing, by the attorney that once an assigned Judge rules on substantive matters, it would be too late to request a change of Judge, unless there are special circumstances that warrant same.
Grounds for a fault divorce in Illinois are impotence, bigamy, adultery, desertion for one year, habitual drunkenness or drug addiction for at least two years, repeated and extreme physical or mental cruelty, felony conviction or imprisonment, and infection with a sexually transmitted disease.
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