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Do You Know What Reason to State for Your Divorce?

Posted on May 19, 2015 in Uncategorized

reason, divorce, Illinois family law attorneyFiling for a dissolution of marriage, or divorce, may leave some people wondering if their petition will be granted. When you file the paperwork for divorce, you must state why you are filing the petition. If a judge decides the grounds, or reason, you stated on your paperwork and evidence is not sufficient, your petition may be denied and the process will have to start over again. Speaking with an experienced divorce lawyer before you file your petition for a dissolution of marriage can save you unnecessary steps during the process.

Illinois allows the petitioner to file for a "grounds" or "irreconcilable differences" divorce. A divorce on specific grounds is generally attributed to the fault of one partner, while one based on irreconcilable differences is commonly called a "no-fault divorce."

Irreconcilable differences divorces are becoming the most common type of marriage dissolution. The spouse filing the petition does not have to list one specific reason for the divorce. Instead, he or she must sufficiently prove that there has been a breakdown in the marriage and reconciliation is not possible. In Illinois, filing for an irreconcilable differences divorce requires the couple to live apart for at least two years. If both spouses agree the marriage should end, a waiver is available for both spouses to sign to have the time limit waived. Signing the waiver means neither spouse is going to contest the proceedings.

A grounds divorce requires the spouse who is filing for divorce to state a specific reason from the Illinois Marriage and Dissolution of Marriage Act on their petition.

Permissible reasons listed in the law include:

  • The other spouse was already married at the time of the second marriage;
  • Infidelity;
  • Voluntarily abandonment of spouse and/or family for more than 365 days;
  • Use of illegal substances or abuse of alcohol consistently for at least two years;
  • Mental or physical abuse;
  • Conviction of a felony and incarceration of one spouse; and
  • Transmission of a sexually transmitted disease (STD).

The petitioning spouse is also required to support their claim with evidence and present it to the judge. Such evidence may include documents from police, doctors, or others in authority, court filings, statements from witnesses, and more.

No two divorces are alike. Having an experienced lawyer help you understand the process can save you time and money. If you are considering filing for divorce, contact an Arlington Heights divorce attorney today. A. Traub & Associates can help you understand the divorce process and will work with you to determine the best course of action for your situation.

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