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June 2, 2020

The Grounds for Divorce in Illinois

Divorce is a legal process wherein one party is suing another party to end a legal relationship. As with any legal situation, the party bringing the case must prove his or her side of the issue to get the desired end result. In this situation, the result would be the court granting the divorce.

Because of the requirement to prove a case, the law requires a person to state the grounds upon which he or she seeks a divorce. In Illinois, there is only the option for a no-fault divorce, as the state does not recognize other grounds.

A No-Fault Divorce

According to the Illinois State Bar Association, a no-fault divorce is on the grounds of irreconcilable differences. The definition of this is a breakdown in the marriage that leaves no potential for fixing it. In other words, the person is saying the marriage is over and nothing anyone can do will fix the deep-rooted issues the couple has.

3 Points to Prove

To show the court that the couple has irreconcilable differences, a person must provide evidence of three points required under the law. The person must demonstrate that there have been attempts to fix the marriage but none of these efforts worked. He or she must also show the evidence of the breakdown in the marriage. Finally, he or she needs to prove that reconciliation is not going to be the right choice for the family as a whole.

Easy to Prove

The law does make for an easy way to prove a case for divorce. The person can show evidence that he or she and the spouse have not lived in the same home for the previous six months. Living separately provides enough proof to the court of the marriage breakdown and satisfies the law enough to allow the judge to rule in favor of dissolving the marriage.

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Judith Trentman Wilson, Attorney at Law, P.C. , The Villages, FL

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