What Are the Grounds for Divorce in Schaumburg, Illinois?
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If you are getting divorced, you probably have many questions about how the process works. Divorce laws vary by state and frequently change so it can be hard to know which laws you will be subject to when seeking a divorce. This blog discusses the “grounds” or legal reasons for which a spouse may seek divorce in Illinois.
Illinois Divorce Grounds in 2022
We rarely think of divorce in these terms, but when you file for divorce, you are essentially requesting that the court grant you a divorce. In the past, Illinois had both fault-based grounds and no-fault grounds for divorce. For example, you could list your spouse’s infidelity or abuse as the reason you are seeking a divorce. However, Illinois is presently a no-fault divorce state. There are no longer any fault-based grounds for divorce in Illinois.
Illinois courts only accept one ground for divorce: irreconcilable differences. In Illinois, if you want to get divorced, you must assert that:
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You and your spouse have differences or disagreements that have led to the breakdown of the marriage
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You and your spouse cannot resolve these differences
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Continued attempts at reconciliation would not be in the best interests of the spouses and/or children
Requirements for Divorce in Illinois
Before 2016, spouses who wanted to get divorced in Illinois had to be separated a certain amount of time before they could be granted a divorce. The mandatory separation was two years in contested divorce cases. If the spouses both agreed to the divorce, they still had to be separated for six months.
Fortunately, the mandatory waiting period has since been eliminated. Spouses do not have to be separated for a certain amount of time before they can divorce. If a spouse contests the divorce and claims that there are no irreconcilable differences, a separation period of at least six months is considered proof that the marriage is unsalvageable. If you want to divorce but your spouse objects to the divorce, living separately for at least six months demonstrates to the court that there are irreconcilable differences and that the grounds for divorce have been satisfied.
Living separately does not mean that you have to live in different homes. Illinois courts understand that financial concerns and family responsibilities can sometimes make living in separate homes impossible. If you and your spouse are not sharing a bed or acting as a married couple for at least six months, this is generally considered proof of irreconcilable differences.
Sources: https://www.natlawreview.com/article/what-qualifies-living-separate-and-apart-chicago-divorce
https://www.ilga.gov/legislation/ilcs/ilcs4.asp?ActID=2086&SeqStart=3700000&SeqEnd=5200000
Contact a Schaumburg Divorce Lawyer
If you are ready to get divorced, contact Arlington Heights divorce attorney Arkady Reifman for help. Call Reifman Law Offices at 847-229-8433 for a confidential consultation.
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