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The Use of Different Grounds for Divorce

Posted on in Divorce

isbaIllinois Law cites 7 major grounds for divorce which require fault, and one which doesn’t.  The one that does not is called a no-fault divorce where irreconcilable differences are cited.  The legal definition is very telling; it is the existence of significant differences between a married couple that are so great and beyond resolution as to make a marriage unworkable.  One party in the divorce has only to that this rift exists and that they are unworkable.  The couple must also be separated for 2 years, or sign a waiver after 6 months.

There are also culpable types of grounds for divorce that have a criminal aspect.  The List of "At Fault" Grounds for Divorce are as follows:

  •  Mental Cruelty
  •  Adultery
  •  Alienation of Affection
  •  Physical Cruelty
  •  Drug Addiction or Drunkenness
  •  Infection with a STD
  •  Conviction of a Felony

Due to a law in Illinois, these at-fault designations do not affect the outcomes of factors of divorce such as division of property, spousal support, and other aspects of a divorce settlement.  The only reason to seek proving a spouse to be "At-Fault" are threefold.

The first would be if a party&s fault can put any children in danger, which can make it difficult to share custody of a child.  Another reason to choose to prove fault is if the fault could mean one spouse is more responsible for any debts incurred during the marriage.  The last reason to seek to prove culpability for a divorce would be if a premarital agreement stipulates any change in spousal support if the other partner is accused of infidelity.  If you need assistance regarding the grounds for divorce you should use to divorce your partner, or any other question about family law, please contact an knowledgeable divorce attorney in Lombard today.

Illinois State Bar Association DuPage County Bar Association Northwest Suburban Bar Association American Inns of Court DuPage Association of Woman Lawyers National Association of Woman Business Owners Illinois Association Criminal Defense Lawyers DuPage County Criminal Defense Lawyers Association
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