Divorce Basics in Illinois

 Posted on June 20, 2014 in Divorce

Many people are probably familiar with divorce terms like “no-fault” and “uncontested,” but may not be sure how these legal phrases interrelate and what they mean for practical purposes. Read on for an overview of Illinois divorce law, and a breakdown of these and other familiar terms.

Grounds or No Grounds?

Initially, when making the decision to divorce and end a marriage, the reason for the divorce must be included in the legal pleadings. Spouses either have grounds for the divorce, or they may wish to divorce based irreconcilable differences (no grounds). Grounds are considered reasons for the divorce, while irreconcilable differences indicate the couple cannot point to any accepted grounds, or reasons, for divorce.

Grounds for divorce include:

• Mental cruelty;
• Physical abuse or cruelty; and/or
• Drug or alcohol addiction.

If none of these grounds exist, a couple may still obtain a divorce based on irreconcilable differences, as long as the following conditions are met:

• The spouses have been separated for a period of two years, or a period of six months if both spouses agree to the divorce; and
• The legal pleadings allege that both spouses have tried to work out their problems but the marriage could not be saved.

Contested or Uncontested?

The terms “contested” and “uncontested” apply equally to divorces that allege grounds as well as those that allege no grounds. Whether or not a divorce is contested refers to whether the spouses agree to divorce, or whether one spouse disagrees with the divorce. Whether a divorce is contested or uncontested may affect certain procedural or legal elements of the divorce process. One example of that difference is described above with a divorce based on irreconcilable differences. If such a divorce is contested, it will take four times as long to obtain a divorce decree than a case in which both spouses agree to the divorce. Of course, contested divorces may not always take that long. The length of divorces based on grounds that are contested often depend on the court’s schedule and the ability of a judge to hear and decide the case.

Of course, even if a divorce is uncontested, it does not guarantee that the process will go smoothly or quickly. Even if both spouses agree that their marriage is over, they may disagree about other key factors that need to be addressed during a divorce proceeding. These can include everything from property division to child custody. An experienced divorce attorney can help clients sort through all of these issues and deal with complicated and often stressful matters that come up in divorce cases.

Divorce Attorney

The divorce attorneys at the Davi Law Group, LLC can discuss your case with you and explain your options for obtaining a divorce. Contact us today to schedule a consultation to discuss your matter. We serve clients in Cook and DuPage Counties.