Frank & Candid Divorce Info

Question: What Are The Grounds For Divorce In Illinois?

Answer: A divorce case is still a case and, as with all other cases, certain things must be proven before the court has the power to act. In a murder case, a death must be proven in order for the court to have the power to punish. In an injury case, the incident and the injuries must be proven to have occurred in order for the court to have the power to assess money damages. In a breach of contract case, the fact that a contract existed must be proven before the court has the power to go to the next level. These are merely examples of what must occur in all litigation in order to achieve the goal(s) of that particular type of case. In a divorce case, one of twelve of Illinois' grounds for divorce must be proven in order for the court to have the power to dissolve the marriage.

Grounds for Divorce in Illinois are:

• Irreconcilable differences ("no-fault")
• Natural impotence (at the time of the marriage and continuous)
• Bigamy (another husband or wife living at the time of this marriage)
• Adultery
• Desertion (absent one year including time while case is pending)
• Habitual drunkenness for the space of 2 years
• Gross and confirmed habits caused by the excessive use of addictive drugs for the space of 2 years. Use of such drug must become a controlling or dominant purpose of that person's life.
• Attempt on the life of the other spouse by poison or other means showing malice
• Extreme and repeated physical cruelty
• Extreme and repeated mental cruelty
• Conviction of a felony or other infamous crime
• Infecting the other spouse with a sexually transmitted disease

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