How to start a divorce

Grounds for Uncontested Divorce

Both fault and no-fault grounds for divorce are recognized in Illinois.

Fault based grounds, which the Plaintiff must prove before the court, include the following: impotence, bigamy, adultery, abandonment for at least a year, alcohol abuse or drug addiction for two years, attempting to take the other spouse’s life, extreme physical or mental cruelty, a felony conviction, and infecting the other spouse with a venereal disease.

Filing for a no-fault divorce implies that neither spouse must prove anything. No-fault grounds for divorce include living separately for at least two years, and irreconcilable differences which caused the irretrievable breakdown of the marriage. Under the no-fault grounds, it is possible to file a joint petition for simplified dissolution.

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