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GROUNDS FOR DIVORCE AND LEGAL SEPARATION |
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I heard that Illinois is a "no fault" divorce state. Does that mean that I do not need grounds for divorce? |
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What are the Illinois grounds for divorce? |
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What are the most popular grounds for divorce in non-contested cases? |
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What does it take to obtain a no fault, or irreconcilable differences, divorce? |
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Isn't a mental cruelty divorce as easy as falling off a log? |
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What does it take to prove physical cruelty ? |
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How long must the period of desertion , as grounds for divorce be? |
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What does habitual drunkenness as a ground for divorce mean? |
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What is an excessive use of drugs as grounds for divorce? |
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What is meant by " natural impotency " as grounds for divorce? |
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Are grounds for legal separation different than grounds for divorce? |
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How important is it to have strong grounds for divorce? |
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| Q: |
I heard that Illinois is a "no fault" divorce state. Does that mean that I do not need grounds for divorce? |
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No. Illinois requires grounds for divorce. The "no fault" divorce is one that is had on the grounds of irreconcilable differences. |
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| Q: |
What are the Illinois grounds for divorce? |
| A: |
Irreconcilable differences, natural impotency, bigamy, adultery, desertion, habitual drunkenness, excessive use of addictive drugs, attempted murder of a spouse, physical cruelty, mental cruelty, conviction of a felony or infection of the other spouse with a sexually transmitted disease. |
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| Q: |
What are the most popular grounds for divorce in non-contested cases? |
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Irreconcilable differences and mental cruelty. |
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| Q: |
What does it take to obtain a no fault, or irreconcilable differences, divorce? |
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The spouses must have lived "separate and apart" for more than two years. While the statute requires the parties to live separate and apart, an Illinois appellate court held that a party qualifies for a no fault divorce, despite living in the same residence, as long as they cease marital relations, use separate bedrooms and have no meaningful communications with one another for the two year period. By stipulation (agreement) of the parties the time period for living separate and apart may be shortened to six months. |
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| Q: |
Isn't a mental cruelty divorce as easy as falling off a log? |
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Yes, but only if the grounds are uncontested. My experience is that the majority of contested mental cruelty cases are lost. The difficulty in contested mental cruelty cases is that the plaintiff (party applying for divorce) must prove that the defendant acted intentionally, that is, his conduct was calculated, or obviously of a nature to cause the plaintiff mental suffering. The plaintiff must also prove that the acts of mental cruelty had an adverse effect on her/him. |
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| Q: |
What does it take to prove physical cruelty ? |
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Grounds of physical cruelty are seldom used because where there is physical cruelty there is likely to be a good mental cruelty case. There must be at least two acts of physical cruelty and there must be a lack of provocation on the part of the plaintiff. Cases have held that "slight acts of violence" may not constitute physical cruelty. |
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| Q: |
How long must the period of desertion , as grounds for divorce be? |
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At least one year. |
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| Q: |
What does habitual drunkenness as a ground for divorce mean? |
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First there is the time element, which is for two years. The term habitual drunkenness as a ground for divorce does not require one to be in a constant state of drunkenness, but refers to drunkenness with a degree of habit. |
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| Q: |
What is an excessive use of drugs as grounds for divorce? |
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First, again, there is the timing, which must be for two years, and it is the "use of an addictive drug by a person when using the drug becomes a controlling or dominant purpose of his life." |
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| Q: |
What is meant by " natural impotency " as grounds for divorce? |
| A: |
The impotency must have existed at the time of the marriage and must continue through the time of the divorce action. It also requires proof that the impotency is incurable. It has nothing to do with the ability to have children. |
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| Q: |
Are grounds for legal separation different than grounds for divorce? |
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Yes, although there are some similarities. First, the couple must actually be living in separate residences at the time the plaintiff files for legal separation. The statute states that the living apart must be "without fault on the part of the plaintiff." Courts have held, however, that the plaintiff need not be totally blameless. |
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| Q: |
How important is it to have strong grounds for divorce? |
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Not very. Even if you do not want a divorce, you should accept the reality that after two years of living apart, your spouse will be able to obtain a no fault divorce. Trials are rarely over grounds for divorce. The battles are over money and children. |
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