Knowing the Grounds for Divorce – Part 1

No-Fault Divorce

When the most couples enter into a marriage, they do so with the intention of spending their lives together. Both partners are happy, in love, and looking forward to a future full of possibilities and memories to be made. While newlyweds may be aware that a significant number of marriages end in divorce, the very idea of it is easily dismissed. They can rationalize divorce as something that happens to other people and insist that they love each other too much to ever go through it.

Anyone who has been married knows that married life can be extremely challenging. Countless factors may place varying degrees of stress on a relationship. A couple may be forced to deal with the loss of a job or an unexpected health issue. Some factors, such as the addition of children, are typically more welcome than others, but even the healthiest of marriages can eventually be strained to some extent.

The stress and strain on a relationship may eventually reach the point where one or both partners recognize the need to take action. Some couples choose to seek marriage counseling or individual psychotherapy. Others decide to separate for a period of time as they determine the future of the marriage. Counseling, psychotherapy and/or separation may be incredibly helpful to many couples, giving them the tools they need to save their marriage. Other couples, however, may utilize the same tools to recognize that it is time to file for divorce.

State law provides for no-fault divorce in Illinois under specific conditions. To be considered under the no-fault provision, the case must meet all of the following criteria:

  • The couple has been separated and lived apart for at least two years. The court is permitted to reduce this to a six month separation based on written stipulation by both spouses.
  • Irreconcilable differences have caused the deterioration of the marriage to such a point that it is beyond saving.
  • Attempts to save the marriage have been unsuccessful and/or continued efforts to do so would negatively impact the family.

The circumstances of every marriage are unique, and each couple will have their own relevant issues to consider when pursuing divorce. Questions regarding custody of children, spousal and child support, and the division of property will need to be addressed and eventually resolved.  While negotiations and decisions can be difficult, they are necessary to complete the proceedings and to allow both spouses to begin moving forward after the divorce.

Divorce is neither an easy decision nor a simple process. However, with the right support system, it does not need to be overwhelming. If you are considering divorce, contact an experienced DuPage County divorce attorney. You can rely on us to help guide you through the the complexities of divorce from start to finish.