Grounds for Divorce

Before a judge will grant a divorce, a spouse or both spouses must prove grounds. The one commonly used is irreconcilable differences, which some people call no fault. In such a case, the spouses are required to prove to the judge’s satisfaction that there is a breakdown in the marriage, that they have been living separately for two years, that they have attempted counseling, and that all efforts to reconcile have failed. A judge can limit the period of separation to six months in certain cases.

Other grounds which may be used are mental cruelty, physical cruelty, habitual drunkenness or a drug habit, adultery, impotence and imprisonment.
Although many people ask for a no fault divorce, the term in Illinois applies only to the way money and property is divided or awarded. That means that even if one spouse actually did something that caused the divorce, his or her financial responsibilities will not be increased of that action.

Residency and Fee Requirements

If a couple decides to divorce, there are a number of steps they must take before the divorce can be granted. Their first step is to file a petition for divorce. In Illinois, there is no waiting period to file a petition: it can be filed as long as one of the spouses legally resides in the state on the day of the filing. The actual divorce, however, can be granted only if he or she legally has resided in Illinois for 90 days before the judgment. After a petition for divorce is filed, temporary orders often will be entered into and will address maintenance (formerly called alimony), visitation, and child support; and these remain in effect until the divorce is final.

The fee for filing the divorce petition is different in each county. If a person cannot afford the filing fee, a fee waiver is possible.

Agreement or Trial

Although most couples who are divorcing have disagreements about certain issues, these disputes usually are resolved through negotiation, and advice from lawyers and a judge. Most divorce cases ultimately are settled by agreement, in part because going to trial can be expensive.
Among the issues that must be settled before the divorce can be granted are the following:
  • Division of property-real estate, investments, money;
  • Division of debts;
  • Whether or not one person will have to pay maintenance to the other, and if so, how much and for how long;
  • If there are children, what the custody and visitation arrangements will be;
  • What financial obligations each person will have to the children.

If the parties do not reach an agreement, a trial will be held.

Having a great trial or agreement lawyer can be intimidating. At Shaw Law Ltd. we make sure you are not only comfortable with your trial, we make sure we give you the best representation for a low fee.