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Illinois Grounds for Divorce

Illinois divorce courts accept both no fault and fault grounds for divorce. When filing for no fault divorce, the couple must be living separate and apart for at least two continuous years and irreconcilable differences are shown to have caused the irretrievable breakdown of the marriage. The Illinois divorce court must also determine that efforts to reconcile have failed and future attempts would not be in the couple's best interests.

Spouses can waive the two year separation requirement if the couple has been living apart for at least six months continuously with a written agreement by both spouses filed with the court, stating the couple has been separated for six months.

Fault divorce grounds include:

  • Impotence
  • Previously married and never divorced
  • Adultery
  • Willful desertion for one year
  • Habitual drunkenness for two years
  • Drug addiction for two years
  • Repeated and extreme physical or mental cruelty
  • Felony conviction or imprisonment
  • Infection with a sexually transmitted disease
Speak with a local Illinois divorce lawyer about the differences in no fault and fault divorce processes. Make sure you meet the state requirements, including the Illinois residency requirement and Illinois divorce waiting periods, by finding a divorce attorney near you. Call 877-349-1310 or fill out an Illinois divorce case review form to connect today.

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The above synopsis of Illinois divorce laws is by no means all-inclusive and has been adapted from applicable state laws. These laws may have changed since our last update and there may be additional laws that apply in your situation. For the latest information on these divorce laws, please contact a local Illinois divorce attorney in your area.

Illinois divorce laws were last updated May 2009.

Note: Keep in mind that all divorce laws are complex. If you need legal divorce advice or want to fully understand how these laws affect you, please speak with a local divorce attorney.