Will County Family Law Attorney Explains the Grounds for Divorce

Lawyers Helping Clients File for Divorce in DuPage and Will County

The decision to end your marriage and get a divorce is rarely easy. However, if either you or your spouse are contemplating divorce, this likely means that your relationship with each other is not what it once was. Once divorce enters the picture, moving on from a marriage that is no longer working may seem like the best option for everyone involved. However, to officially begin the divorce process, you will need to file a petition for divorce, and you will need to understand the legal requirements for ending your marriage under Illinois law.

As you prepare to file for divorce, you will want to have a skilled and experienced attorney by your side from the beginning of the process. At the Law Office of Ronald L. Hendrix, P.C., we can make sure you understand your rights and responsibilities, and we will work with you to identify and address the many legal issues involved in your case. With our help, you can achieve positive results that will ensure that you can move on successfully to your post-marriage life.

Irreconcilable Differences in Illinois

The divorce process officially begins when one spouse files a Petition for Dissolution of Marriage. This petition will state the reasons the spouse wishes to end the marriage, known as the grounds for divorce. While Illinois law used to contain a list of fault-based grounds that a person could specify, such as adultery, alcohol or drug abuse, or mental cruelty, the law was updated in 2016, and all of these grounds were eliminated. Currently, Illinois only allows "no-fault divorce," with "irreconcilable differences" being the only grounds for divorce that are recognized.

When a spouse files for divorce under the grounds of irreconcilable differences, he or she will state that differences or disagreements between the spouses have caused the marriage to break down beyond repair, attempts to resolve these differences have failed, and any continued attempts to reconcile would not be in the best interests of the spouses, their children, or anyone else involved. By citing irreconcilable differences in a divorce petition rather than claiming that either spouse was at fault for the end of the marriage, spouses can begin the divorce process from a less adversarial position, with the hope that they can work together to reach a mutually beneficial outcome.

In some cases, a spouse may not agree that there are irreconcilable differences, and he or she may wish to take legal action to prevent the divorce from taking place. While it is possible to contest a divorce petition, it is usually not advisable, since it will likely delay the legal process and increase the time and expense involved. It is also important to note that if the spouses live "separate and apart" for at least six months, this will create a presumption of irreconcilable differences that cannot be contested. This does not have to be a legal separation; it is possible to argue that spouses have lived separately even when residing under the same roof, as long as they are no longer behaving as married partners.

Contact a Naperville Divorce Attorney

If you are considering filing for divorce, or if you need to respond to your spouse's divorce petition, our lawyers can help you understand the best ways to proceed. The actions you take at the beginning of the divorce process can play a significant role in your case, and we can help you make informed decisions that will protect your rights and allow you to achieve a positive outcome to your situation. To schedule a free consultation, contact us at 630-355-7776 or 815-722-7050. We represent divorcing spouses in Naperville, Bolingbrook, Plainfield, and other areas served by the Will County Courthouse in Joliet, the Kendall County Courthouse in Yorkville, the Kane County Courthouse in St. Charles, and the DuPage County courthouse in Wheaton.