| |
Grounds
When we talk about "grounds" for a divorce, we are referring to the proofs that are necessary under Illinois Law to obtain a divorce. The grounds for a divorce are statutory and include both "fault based" grounds and "non-fault based" grounds. The fault based grounds require that the person seeking the divorce prove that without cause or provocation, their spouse is one of the following:
- Impotent;
- Guilty of bigamy;
- Guilty of adultery;
- Willfully deserted or been absent for the space of one year;
- Has been habitually drunk for the space of two years;
- Is guilty of gross and confirmed habits caused by the excessive use of addictive drugs for the space of two years;
- Attempted the life of the spouse by poison or other means showing malice;
- Is guilty of extreme and repeated physical or mental cruelty;
- Has been convicted of a felony or other infamous crime; or
- Infected his or her spouse with a sexually transmitted disease.
Certainly, after reading these grounds, it would appear that the statute would only allow divorces from people who are guilty of serious wrongdoing. However, in practice, the grounds are very rarely a contentious issue. The ground of extreme and repeated mental cruelty is the most often used fault ground and does not require as much proof as one might expect. As a practical matter, the other spouse usually does not want to fight to stay married to the other party if that other party is committed to obtaining a divorce. Accordingly, the grounds are usually not contested and the requirement to show unprovoked extreme and repeated mental cruelty is not a major concern.
The "non-fault" based ground for dissolution of marriage requires that the parties prove that the marriage has irretrievably broken down, additional attempts at reconciliation are not in the family's best interest, and that the parties have been living separate and apart for two years. This two-year requirement can be reduced to six months if both parties sign a written affidavit indicating that they wish to waive the two-year requirement and are willing to allow the court to proceed with the divorce after they have been living separate and apart for six months. The only disadvantage this ground has is the delay that it may cause couples to get a divorce if they are currently living together.
TIP: If you are considering a divorce, one important thing to keep in mind is that although some amount of fault may need to be proved, property distribution is not affected by "marital misconduct". Accordingly, if you are contemplating filing for divorce or anticipating that your spouse will, it is almost never necessary to garner excessive amounts of evidence to show that your spouse is generally a bad person.
Back to Family Law
|
|
