Every state handles divorce in a slightly different way, whether it involves how assets and property are divided, or if fault is required to file for a divorce. In Illinois, a spouse can file for divorce under traditional fault grounds, but it is also possible to file under irreconcilable differences, which is essentially a no-fault option.
Below are some of the fault grounds under which you can file for a divorce in the state of Illinois:
- Abandonment of a spouse for at least a year
- Alcohol abuse or drug addiction that lasted for at least two years
- An attempt to take the other spouse’s life
- Extreme or continuous physical and/or mental cruelty
- A spouse is a convicted felon
- A spouse infected the other with a sexually transmitted disease
It is important to note that none of these fault grounds will have much or any impact on the outcome of the divorce in regards to determining alimony or how property and assets are to be divided. However, some of these factors can play a role in determining child custody and visitation.
Understanding a no-fault divorce:
In a no-fault divorce, spouses are not expected to prove marital misconduct in order to obtain a divorce, though there are some requirements. You can obtain a no-fault divorce in Illinois if:
- You and your spouse have continuously lived separate and apart for two years. This does not mean you need to prove you had separate housing. If you could prove that you essentially lived together as roommates for the past two years, you could file for a no-fault divorce.
- If you simply cannot get along, you can file under irreconcilable differences.
- All of your efforts to make the marriage work and reconcile failed.
- To continue further attempts at reconciliation would be impractical and would not serve the best interests of your family.
Hire an Experienced Divorce Attorney From Wakenight & Associates, P.C.!
Divorce has a tendency to become an emotionally taxing process and difficult to navigate, given the complexities of family law. If you and your spouse can no longer make the marriage work, speak with an attorney at Wakenight & Associates, P.C. in Illinois today to discuss your options and how to move forward. We will effectively guide you through your case from start to finish.
Get started today and call us at any of our convenient locations to schedule your free initial case evaluation.