St. Charles, IL Grounds for Divorce Attorneys

Kane County Divorce Grounds Lawyer

Lawyers for Divorce Matters in Kane County

In the past, you had to have a good reason, also known as grounds, to get a divorce and had to present that reason to the court. In Illinois, that is no longer a requirement in order to dissolve a marriage. You can choose to provide a specific reason for your divorce, or you can get a divorce due to “irreconcilable differences.” When “irreconcilable differences” are used as the grounds for a divorce no reason is given.

At the Kane County divorce law firm of Goostree Law Group, we are skilled in handling divorces involving all types of grounds including “irreconcilable differences.”

Grounds for Divorce in Illinois

Traditional “fault” divorces are still possible in Illinois, though they are less common these days. There are a number of grounds that can be used, including:

  • Adultery;
  • Bigamy;
  • Impotence;
  • Substance abuse for at least 2 years;
  • Abandonment of at least 1 year;
  • “Extreme and repeated” physical or mental cruelty;
  • Infection with a sexually transmitted disease;
  • Conviction of a felony; and
  • Attempting to murder the other spouse.

While filing for a divorce under these grounds can have some impact on how you feel about the divorce process, it has very little to do with the outcome of the divorce judgment. In Illinois, judges are prohibited from considering fault when ruling on property division and alimony matters. The cause of a divorce can have some bearing on child custody and visitation judgments, however, particularly when the cause of the divorce could point towards future danger for the child.

No Fault Divorce in Kane County

When “irreconcilable differences” is listed as the reason for a divorce, it is called a “no fault” divorce. Neither party must prove the other spouse’s marital misconduct, but there are some requirements that must be demonstrated, including:

  • Spouses must live “separate and apart” for 2 years continuously, or if both parties waive that requirement, they must live “separate and apart” for 6 months continuously;
  • The marriage is irretrievably broken;
  • You have tried and failed to reconcile; or
  • More efforts at reconciliation do not make sense and could hurt the family.

If you are considering filing for divorce, contact us at 630-584-4800 to schedule a free consultation. One of our experienced divorce attorneys will sit discuss the circumstances of your separation. We will answer your questions and provide our reasoned opinion for the best way to proceed with your filing. We work with clients throughout Northern Illinois, including Kane County and other jurisdictions.

Contact Us

Goostree Law Group

Goostree Law Group

 555 S. Randall Road, Suite 200
St. Charles, IL 60174

 630-584-4800

 400 S. County Farm Road, Suite 300
Wheaton, IL 60187

 630-407-1777

Our Illinois divorce attorneys represent clients in Kane County, DuPage County, Kendall County and DeKalb County, including Geneva, Batavia, St.Charles, Wayne, Wasco, Elburn, Virgil, Lily Lake, Aurora, North Aurora, Elgin, South Elgin, Bartlett, Crystal Lake, Gilberts, Millcreek, Maple Park, Kaneville, LaFox, Yorkville, Oswego, Plano, Sugar Grove, Big Rock, Bristol, Newark, DeKalb, Sycamore, Naperville, Wheaton, West Chicago, Winfield, Warrenville, Downers Grove, Lombard, Oak Brook, Streamwood, Hoffman Estates, Barrington, South Barrington, Lake Barrington, Schaumburg, Big Grove, Boulder Hill, Bristol, Joliet, Kendall, Lisbon, Minooka, Montgomery, Plainfield, Sandwich, Yorkville and many other cities.

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