Divorce Support Forums: Divorce requirements--DESPARATE

[quote]My wife and I have been living apart for a little over a year now. I would like to know what I would require to prove that we have been living apart and also, what my options are if she refuses to sign the divorce papers [/quote]

In order to seek a divorce in Illinois, your divorce must be filed under one of the following grounds: No-fault; Extreme physical (2 acts) or mental cruelty; desertion (one year or more); Adultery; Impotence at time of marriage; Prior existing marriage; Habitual drunkenness or drug use (2 years or more); Attempts to take spouse's life; Conviction of a felony; or Infection of spouse with venereal disease.

If the parties seek a no-fault divorce, he spouses must have lived separate and apart continuously for a period in excess of two years and irreconcilable differences must have caused an irretrievable breakdown of the marriage. The court must further determine that efforts of reconciliation have failed, and that future attempts at reconciliation would be impracticable and not in the best interests of the family. The court can grant a no-fault dissolution after a six-month separation of the parties if agreed to upon written stipulation. If the court feels that the marriage still has a chance of survival it has the power to suggest that the parties seek counseling. The court also has the power to order a mediation conference, where is can make a finding whether the marriage is irretrievably broken.

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Never let your sense of morals get in the way of doing what's right. Isaac Asimov

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