Choosing to file for divorce initiates a complex legal process. There are many legal steps to take as your divorce case continues. Before actually filing, you must first provide a legal reason for the divorce. Selecting the grounds for your divorce can be complex, as there are many factors to consider. Before filing, read the information below. Then, contact an experienced family lawyer to discuss your options.
Fault-Based Divorce
The grounds for divorce are essentially the legal reasons you provide to the court when you request a divorce. Since divorce is a legal process, you need to give the court a reason why it should complete the process. In Illinois, there are two categories of divorce: fault-based and no fault. A fault-based divorce alleges that spousal misbehavior necessitates the divorce. In other words, a fault-based divorce claims that a spouse’s marital conduct directly led to the need for divorce. In this type of case, the spouse requesting the divorce must include a ground for divorce in their petition to initiate the case.
Under current state law, there are several grounds for divorce the spouse who files for divorce, known as the petitioner, can allege. These fault-based grounds include:
- Bigamy;
- Impotence at the time of the marriage;
- Adultery;
- Marital abandonment of at least one year;
- Mental or physical cruelty;
- Drug or alcohol addiction lasting at least two years;
- The opposing spouse was convicted of a felony; and
- One spouse infected the other with a sexually transmitted disease.
Depending on the ground of divorce that is most appropriate in your case, you may have to prove your spouse’s fault to the court. For example, if you file based on adultery, you have to provide strong evidence of the adultery. You cannot allege adultery based merely on a hunch. Rather, you would need to prove to the court that your spouse had the inclination to cheat, the opportunity to do so, and took advantage of that opportunity. Each ground for divorce will require different showings to the court. Your attorney can help you gather the evidence you need to move forward with a fault-based divorce, if it is appropriate in your case.
No Fault Divorce
Some petitioners choose not to file for a fault-based divorce. Sometimes, there has been no real spousal misconduct in the marriage. Other times, the petitioner may feel he or she cannot prove the misconduct to the court’s satisfaction. Regardless, there is an alternative to fault-based divorce: the no fault divorce. When you file for a no fault divorce, you are telling the court that there has been an irretrievable breakdown of your marriage and thus reconciliation is impossible. Instead of proving spousal misconduct, you must show the court that you and your spouse have lived separately and apart for at least two years before filing for divorce. Then, the court will allow the divorce to proceed.
Reputable Schaumburg Divorce Law Firm
Our skilled Schaumburg divorce attorneys understand the difficulties you may face during divorce. For years, we have provided straightforward legal advice to clients throughout Schaumburg and the greater Cook County area. If you want to learn more about how the divorce process works, and what potential issues may arise, contact Glasgow & Olsson now for a free initial consultation.