Grounds for Divorce in Illinois

 Posted on March 31, 2014 in Family Law

Many dream of having a marriage that lasts for 50 years or more when they get married. Unfortunately, life rarely works out the way we imagine, and at times a relationship reaches the point where it becomes necessary to file for divorce.

According to the Illinois Marriage and Dissolution of Marriage Act, there are certain situations in which the court can enter a judgment of dissolution of marriage:

• Impotence, where the spouse was unaware of their partner’s impotence at the time the marriage took place;
• Adultery;
• One spouse remains absent from the marriage for one year (including litigation and legal separations);
• Habitual drunkenness lasting at least two years;
• Excessive drug use for at least two years;
• Physical or mental cruelty on the part of one of the spouses;
• A spouse is convicted of a felony or infamous crime;
• A spouse infects their partner with a sexually transmitted disease.

Additionally, divorces may be granted by the court in cases where both partners have lived apart for a period greater than two years due to irreconcilable differences. This time period may be shortened to six months, provided that the couple agrees to waive the period in a written statement to the court.

Periods of cohabitation where the couple attempted to reconcile their differences through marriage counseling provided by a psychiatrist, clinical psychologist, social worker, marriage therapist, or religious counselor may be counted as part of the legal separation by the court as well.

Before granting the divorce, the Court must consider and make provisions for child custody and support, spousal support, as well as the division of marital property.

If you are considering filing for divorce in Illinois, your first step should be to contact a qualified Bloomingdale divorce attorney right away. We can help you through the process to ensure that your divorce goes smoothly and that you receive any property or support you are entitled to.