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Tag Archives: grounds for divorce

DuPage County divorce attorneys, history of divorceTime magazine recently reported on the history of divorce in the United States. While it may be assumed that divorce is a modern concept that did not become popular until the 1960s and 1970s, the first uptick in the American divorce was approximately 200 years beforehand.

Steven Mintz, a history professor at the University of Texas at Austin, identifies the American revolution as the beginning of the increase in the divorce rate in America. The concept of the revolution and breaking the union of countries was a precursor of the increase of divorce in the 1820s and 1830s as people began to realize that independence from spouses could be analogous to the separation between England and America.

However, the laws were very different then. Moreover, couples had to prove to the court that there was adultery or physical cruelty in order to get divorced. To get around these restrictions, many people relied on the “omnibus clauses” in divorce law which allowed judges to grant divorces in other cases at their discretion. 

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DuPage County family law attorney, filing for divorce in IllinoisPetitioning the court for a divorce can be one of the most complicated and stressful times of your life. In Illinois, the court still requires that a person filing for divorce give a specific reason for why the marriage is ending, also known as giving grounds for the divorce. As such, Illinois is considered a “fault” state for divorce, but the law does also allow a “no fault” reason to end a marriage.

Fault Grounds for Divorce 

Illinois statute 750 ILCS 5/401 states the reasons why a person may file for divorce in this state. In addition to giving grounds, the petitioning spouse must also meet the residency requirements of the law, which for Illinois requires the spouse to live in the state for at least 90 days prior to the filing. A spouse must prove that one of the following has occurred “without cause or provocation” before the court will allow a divorce: 

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grounds for divorce, DuPage County family law attorneyIf you are seeking a divorce, there are two major routes under Illinois’ marriage dissolution law. When seeking a Judgment for Dissolution of Marriage from a local judge, you must show that you and your spouse have irreconcilable differences, or that you are seeking to dissolve your marriage on the basis of one of the grounds for divorce.

If you are seeking a no-fault divorce, due to irreconcilable differences, you must complete a two-year waiting period before the marriage can be dissolved. During this time, you and your spouse must live apart, and you must prove to the judge at the end of the two years that your differences have caused the irreversible breakdown of your marriage, that any efforts to reconcile have not been successful, and that any future efforts to reconcile would not be practicable or in the family’s best interests. In some cases, the two-year waiting period can be shortened to six months, if both spouses agree and sign a waiver form. In ever rarer cases, the separation requirement can be disposed of altogether. To know whether your circumstances might allow you to bypass the waiting period, you should consult with a local attorney who has experience with divorce cases.

Grounds for Divorce

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divorce, divorce basics, uncontested divorce, Illinois divorce lawyer, DuPage County divorce attorneyMany 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:

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Abraham Lincoln A lawyer’s time and advice are his stock and trade. -Abraham Lincoln
Davi Law Group, LLC handles family law, estate planning and real estate matters for clients in Chicago and throughout the western suburbs including DuPage County, Will County, Kane County, Kendall County and Cook County and the cities of Aurora, Bloomingdale, Bolingbrook, Carol Stream, Darien, Downers Grove, Elmhurst, Geneva, Glen Ellyn, Hinsdale, Joliet, Kendall County, Lisle, Lombard, Naperville, Oak Park, Oak Brook, Oswego, Park Ridge, Roselle, St. Charles, Villa Park, Warrenville, Wheaton, Winfield, Woodridge and Yorkville, Illinois.
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