Anderson & Boback Logo

Illinois is a “no-fault” state

Categorized as Illinois Divorce

Most states allow parties to obtain a divorce under a “no-fault” provision.  In a true “no-fault” state, parties can get divorced without a separation period by simply pleading that they no longer wish to remain married.

Illinois is not a true “no-fault” state, in Illinois you have to have grounds to obtain a divorce unless you have been separated for a period of two-years (or the parties can agree to waive the two-years if they have been separated for a period of six months) and plead that irreconcilable differences have caused an irretrievable breakdown in their marriage, that past attempts at reconciliation failed and that any future attempts at reconciliation would not be in their best interest.

If you cannot or chose not to proceed under irreconcilable differences, Illinois has ten “grounds” that can be alleged, then proven, to obtain a divorce.  You can allege that you spouse:

  1. was naturally impotent at the time of the marriage and continues to be naturally impotent;
  2. was already married at the time of the marriage;
  3. committed adultery
  4. deserted you for one year
  5. is a habitual drunk and has ben for two years
  6. is addicted to drugs and has been for two years
  7. attempted to kill you
  8. is guilty of extreme and repeated physical or mental cruelty
  9. has been convicted of a felony or other infamous crime; or

10. has infected you with a sexually transmitted disease

Was this information helpful?

You May Also Like

Wonder if your spousal maintenance is modifiable? This question was addressed in Scarp v. Rahman when the father in the case of sought to modify his maintenance obligation.  The trial court would not allow the modification so he sought an…

Birthdays are a big deal to kids - they usually get a party with their friends with cake, balloons, presents, and if they are lucky, a ball pit to jump into at Chucky Cheese! The day is all about them.…

Our firm represents a lot of military families and for the most part, handling a military divorce is just like any other divorce.  There are specific rules that need to be followed, however, and those parents in the military facing…

Changes to Spousal Maintenance Law in Illinois In 2019, a significant change in the tax code was made regarding maintenance, which resulted in spousal maintenance (formerly known as “alimony”, also known as “spousal support”) being tax-free to the recipient and…

Illinois has modified its statutes wherein parents are now allocated “parental responsibilities” and “parenting time” instead of “custody”.  The purpose of these changes was to try and give the parents less to fight over.  You can win “custody” but winning…

For Illinois parents that are no longer together or facing divorce, understanding the basics of child custody law is important. First, the term “custody” no longer exists in Illinois. The State of Illinois changed its laws regarding custody in 2016,…

Anderson & Boback small logo

Download our Divorce Planning Guide today!

Get the information you need to prepare for divorce with our free resource Guide to Planning for Your Divorce.

What our clients are saying

Schedule a Discreet Consultation Today!

    Firm Overview

    Anderson & Boback is a highly-respected, experienced Chicago family law firm, skilled in negotiation and litigation. When divorce and other family law issues make your life chaotic and uncertain, you want your case resolved as quickly and fairly as possible. Call Now 312-715-0870