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Under what grounds can you file for divorce?

| Apr 2, 2020 | Family Law |

You were angry when you found out that your spouse had been seeing someone else. You were even more furious when you found out that they had done this more than once in your relationship.

You’re ready to divorce, but you want to know if you have the grounds to do so. Fortunately, Illinois offers several reasons for divorcing that you can use as grounds. These grounds may allow you to divorce more quickly than if you choose to separate due to irreconcilable differences.

What are the grounds for divorce in Illinois?

Like most other states, you can file for divorce based on incompatibility alone. However, there are grounds for divorce that you can use to end your marriage as well. These include:

  • Impotency (that you didn’t know about prior to marriage)
  • Bigamy
  • Adultery
  • Felony conviction
  • Habitual drunkenness
  • Excessive drug use (two years or longer)
  • One spouse has infected the other with an STD (and the spouse was unaware of the potential for this to happen)
  • Abandonment for a year or longer

If you have grounds, you can use them for divorce. You may also choose to divorce due to irreconcilable differences if you and your spouse have lived apart for two years or longer.

What happens once you decide to move forward with your divorce?

Once you decide to divorce, you can file an official Petition for Dissolution of Marriage with the court in your area. Once you file, your spouse will have up to 30 days to respond to the petition.

Your attorney will help you start the process of divorce if you are ready to move forward.