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Many people do not have an understanding of the legal process and end up making decisions based on feelings and lack of information and knowledge. You also need to know your rights prior to filing a divorce and not act in ways that may jeopardize your interests.

Grounds for filing a divorce in Illinois

When a couple requests or files for divorce, the state or court requires them to submit their respective ground for divorce. Although you may have many specific reasons for divorcing, in Illinois, there is only one ground for divorce, and that is irreconcilable differences.

The Illinois Marriage and Dissolution of Marriage Act (Chapter 40, part. 404) states that the court will activate reconciliation process, if it is practicable. According to the Section 401 of Marriage Dissolution Act, the court shall enter dissolution of the marriage if the couple has met irreconcilable differences, and reconciliation has failed, or it is impractical.

What Are Irreconcilable Differences?

Irreconcilable differences have caused the irretrievable breakdown of the marriage and the court determines that efforts at reconciliation have failed or that future attempts at reconciliation would be impracticable and not in the best interests of the family.

Does Waiting Period Apply in Irreconcilable Divorces?

If the parties live separate and apart for a continuous period of not less than 6 months immediately preceding the entry of the judgment dissolving the marriage, there is an irrebuttable presumption that the requirement of irreconcilable differences has been met.

Is There Any Other Requirement?

If both spouses agree and meet the conditions of no-fault divorce then the court will enter judgment only after completing the legal procedures like disposition of property, support of the spouse, support of the child from marriage, allocation of parental responsibilities, and such under Section 401-b.

Is There Any Other Ground for Filing a Divorce?

As mentioned above, the couples can file for irreconcilable divorces in Illinois. However, some couples may file an irreconcilable divorce, even if the grounds for divorce vary. It is a good idea to consult an attorney to discuss your case and find an effective solution.

If you are interested in seeking professional legal help, Casement Group, P.C. can offer you the assistance you require. Please contact us online or dial (847) 888-9300 to set up your free initial consultation.


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