Illinois “no-fault” 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

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