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

The legal term “best interests” is a concept that comes up in almost all child-related areas of family law. When making essentially any decision on behalf of a child, the court is going to look at what is best for…

Maintenance, formerly known as alimony, is a relief granted to a party in a dissolution of marriage case that equitably restores to the party a standard of living to which they became acclimated during the marriage.  For spouses going through…

Visitation interference occurs when the custodial parent in some way interferes with your ability to spend parenting time with your child or visit with them.  In Illinois, a parent has a couple of options when the other parent interferes with…

We receive inquiries regularly from parents of children in Illinois regarding whether or not they can remove their child from the state of Illinois when they are estranged from their child’s other parent.  The answer varies, depending on different situations.…

People often are confused about the difference between a Civil Union and a Domestic Partnership, and what their rights are if their partner, to whom they are not married, leaves them or predeceases them.  This blog is designed to explain…

One of the most hot-button terms in parenting cases in Cook County is “alienation”, meaning that one parent is actively seeking to keep the child from having a relationship with their other parents. The current laws on parenting favor both…

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