Illinois Grounds for Divorce

The Petition for Dissolution of Marriage is the initial document filed with the Illinois court. It is in this document that the filing spouse will request the court to terminate the marriage under certain specified grounds.

The grounds for dissolution of marriage are as follows:

No-Fault Based Grounds:
Living separate and apart for a continuous period of at least two years and irreconcilable differences are deemed to have caused the irretrievable breakdown of the marriage.

Fault Based Grounds:
(1) Impotence; (2) Previosly married and never divorced; (3) Adultery; (4) the respondent has wilfully deserted or absented himself or herself from the petitioner for the space of one year, including any period during which litigation may have pended between the spouses for dissolution of marriage or legal separation;( 5) Habitual drunkenness for at least two years; (6) Drug addiction for at least two years (7) Repeated and extreme physical or mental cruelty (8) Felony conviction or imprisionment (9) Infection with a sexually transmitted disease. (750 Illinois Compiled Statutes - Chapter 5 - Sections: 401)