LEGAL GROUNDS FOR DIVORCE:
No Fault: That the spouses have lived separate and apart for a continuous period in excess of 2 years and irreconcilable differences have caused the irretrievable breakdown of the marriage and the court determines that efforts at reconciliation have failed or that future attempts at reconciliation would be impracticable and not in the best interests of the family. If the spouses have lived separate and apart for a continuous period of not less than 6 months next preceding the entry of the judgment dissolving the marriage, as evidenced by testimony or affidavits of the spouses, the requirement of living separate and apart for a continuous period in excess of 2 years may be waived upon written stipulation of both spouses filed with the court.
Fault Grounds: The following grounds for dissolution exist if, without cause or provocation by the petitioner:
•The respondent was at the time of such marriage, and continues to be naturally impotent naturally impotent.
•The respondent had a wife or husband living at the time of the marriage.
•The respondent had committed adultery subsequent to the marriage.
•The respondent has willfully 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.
•The respondent has been guilty of habitual drunkenness for the space of 2 years.
•The respondent has been guilty of gross and confirmed habits caused by the excessive use of addictive drugs for the space of 2 years, or has attempted the life of the other by poison or other means showing malice, or has been guilty of extreme and repeated physical or mental cruelty, or has been convicted of a felony or other infamous crime.
•The respondent has infected the other with a sexually transmitted disease.
[Based on Illinois Compiled Statutes 750 - Chapter 5 - Section: 401]
The Mehta Law Group
www.mehtalawgroup.com
No Fault: That the spouses have lived separate and apart for a continuous period in excess of 2 years and irreconcilable differences have caused the irretrievable breakdown of the marriage and the court determines that efforts at reconciliation have failed or that future attempts at reconciliation would be impracticable and not in the best interests of the family. If the spouses have lived separate and apart for a continuous period of not less than 6 months next preceding the entry of the judgment dissolving the marriage, as evidenced by testimony or affidavits of the spouses, the requirement of living separate and apart for a continuous period in excess of 2 years may be waived upon written stipulation of both spouses filed with the court.
Fault Grounds: The following grounds for dissolution exist if, without cause or provocation by the petitioner:
•The respondent was at the time of such marriage, and continues to be naturally impotent naturally impotent.
•The respondent had a wife or husband living at the time of the marriage.
•The respondent had committed adultery subsequent to the marriage.
•The respondent has willfully 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.
•The respondent has been guilty of habitual drunkenness for the space of 2 years.
•The respondent has been guilty of gross and confirmed habits caused by the excessive use of addictive drugs for the space of 2 years, or has attempted the life of the other by poison or other means showing malice, or has been guilty of extreme and repeated physical or mental cruelty, or has been convicted of a felony or other infamous crime.
•The respondent has infected the other with a sexually transmitted disease.
[Based on Illinois Compiled Statutes 750 - Chapter 5 - Section: 401]
The Mehta Law Group
www.mehtalawgroup.com
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