St. Charles, IL Grounds for Divorce Attorneys

Lawyers for Divorce Matters in Kane County

NOTE: As of January 1, 2016, Illinois is a "pure no-fault divorce" state. Irreconcilable differences are now the only grounds recognized for divorce in the state. In addition, there is no longer a requirement for spouses to live separate and apart for two years, and a divorce may be granted immediately if both spouses agree that they have irreconcilable differences. However, if one spouse objects to the divorce, irreconcilable differences will be presumed if the couple has lived separate and apart for at least six months, and this presumption cannot be contested.

Grounds for Divorce in Illinois

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. Spouses could choose to provide a specific reason for their divorce, or they could 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.”

Traditional “fault” divorces are no longer possible in Illinois. There are a number of grounds that used to be available, 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 may have had some impact on how a person felt about the divorce process, it had 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:

• Previously, spouses had to 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.