What are Grounds for Divorce and why Do We Need Them?
Answer: Grounds for divorce are the legal reasons that you need to bring a case to court. A judge cannot grant relief in any case until he or she first determines that certain necessary elements that pertain to that type of case have occurred. For example, if you sue someone for breach of contract, one such element would be to establish that the parties did indeed enter into a contract. Similarly, if … [Read more...]
What Are The Eleven Grounds for Divorce in Illinois?
Answer: Irreconcilable Differences, also known as “No-fault,” is the only ground for divorce that does not require the moving party to prove that his or her spouse is at fault for the marital breakup. The remaining ten grounds for divorce require proof that the non-moving party, without cause or provocation on the part of the party seeking the divorce, was at fault because he or she: 1.was naturally impotent … [Read more...]
Why Do I Hear People Talking about a Six-Month Waiting Period?
Answer: The only people that have a separation period to contend with are those that choose to use no-fault as their ground. If this is the case, the separation period is either six months or two years, depending upon the spouse’s mutual willingness to cooperate. It is six months if both parties agree in writing to use no-fault as a ground, and it is two years if either spouse insists that they wait out the … [Read more...]
When Would the Six Months Start?
Answer: In all likelihood, the court will probably find that the six-month period started when you and your spouse say it started. This is usually dates back to when the two of you first came to the joint realization that your differences were irreconcilable and that any further attempts to save your marriage would be fruitless and not in either of your best interests.
What if We Attempt to Reconcile during the Six Months and it Doesn’t Work, Do We Have to Start Counting All Over Again?
Answer: No, provided you were attempting in good faith to reconcile during any such periods of cohabitation and were under the guidance of certain professional marriage counselors or clergy during these periods. You can also insure that any such cohabitation time will be included in your total month count by signing a written agreement with your spouse stating your intent to attempt to reconcile during … [Read more...]
What Do I Need For Mental Cruelty?
Answer: You must be able to show that your spouse’s behavior caused you emotional distress and that you gave him or her no cause or provocation for acting the way they did. Their behavior must have been ongoing and without regard for the effect it was having on you. Here are some examples: Starting a lot of unnecessary arguments in the house; Yelling, screaming, or often displaying rage in the … [Read more...]
What is Desertion?
Answer: Desertion is one of Illinois’ twelve grounds for divorce. A spouse is not “punished” by our legal system by mere virtue of the fact that he or she deserted the marital residence. If one deserts, the other party merely gains entitlement to a ground for divorce. I use the word “merely” because we live in an era where grounds for divorce have really become a name-tag to be used in our legal system … [Read more...]
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Richard and Kari are staunch advocates of the non-court approach to divorce, and are also active and seasoned litigators with over 60 years of combined trial experience in the Illinois divorce courts of Cook, DuPage, and Will counties.
