What Are the Grounds For Divorce in the State of Illinois?
In the state of Illinois, there are 11 grounds for divorce. Grounds 2-11 require proof that the non-moving party (your spouse), without cause or provocation from you, was at fault because of one of these reasons.
- Irreconcilable Differences: this is also known as “no-fault,” and is the only grounds for divorce that does not require the moving party to prove his or her spouse is at fault for the marital breakup.
- Spouse was already married when marriage transpired.
- Spouse committed adultery after you were married.
- Spouse has infected you with a sexually transmitted disease.
- Spouse was naturally impotent at the time of the marriage, and continues to be naturally impotent.
- Spouse willfully deserted or chooses to be absent for one year.
- Spouse is habitually drunk for the duration of 2 years.
- Spouse is guilty of gross and confirmed habits caused by the excessive use of addictive drugs for the duration of 2 years.
- Spouse has been convicted of a felony or other infamous crime.
- Spouse has used extreme and repeated physical or mental cruelty toward you.
- Spouse has made attempts to end your life by poison or other means showing malice.
As the moving party in the divorce you bear the burden of proof. This means you must be prepared to provide proof that your spouse committed one of Illinois’ eleven grounds for divorce. Ask your lawyer about what that proof must or may consist of.
When children are involved in the divorce it is advised to hire a child custody or family law attorney and mediator. They specialize in divorces that involve children and can help you make the divorce less negative for your kids.