When filing for divorce in Illinois, an individual must state his or her grounds for requesting dissolution of marriage. This practice dates back to earlier times when a divorce was only granted if there had been significant fault by one of the parties, such as adultery or a drug addiction. Nowadays, however, couples may file for a no-fault divorce, stating irreconcilable differences. In fact, the majority of divorcing couples today take this approach.
While there are ongoing discussions in the legislature to abolish fault-based divorces, they are currently still a viable and sometimes appropriate option.
Currently, the grounds for divorce in Illinois include, but are not limited to:
- Irreconcilable differences (no-fault divorce)
- Mental cruelty
- Drug or alcohol abuse
- Felony conviction
- Infecting a spouse with a sexually transmitted disease
Fault Versus No-Fault Divorce
The main difference between claiming a fault-based divorce over a no-fault divorce lies in the time requirements between the filing and the issuance of a final order. If there are fault-based grounds, there is no mandatory waiting period for the divorce to be granted. Whereas in a divorce based on irreconcilable differences, a couple must be separated for two years before the court will issue a divorce decree. However, there are two important caveats to note. “Separated” does not necessarily mean living in two different physical locations; instead, it denotes that there have not been any marital relations. And secondly, while the statute calls for two years of separation, that requirement can be waived if the couple attests to a six-month separation.
When you work with our Naperville law firm, we can help you understand all of the nuances of divorce law that may apply to your circumstances. Under the direction of accomplished attorney Ronald Hendrix, we place an exclusive focus on family law — this is all that we do. Regardless of your position or specific divorce issues, we have the experience, knowledge and skill to guide you through the legal process and help you make informed decisions.
No-Fault Divorce Attorney In Naperville And Wheaton
During a divorce, the Law Office of Ronald L. Hendrix, P.C., provides the experienced representation you need and the personal attention you deserve. Contact us at 630-416-7004 or 815-722-7050 to speak with a dedicated Naperville divorce attorney.