Proving a Fault Divorce in Illinois

 Posted on May 09, 2012 in Family Law

While Illinois allows for a no-fault divorce, state statues set out specific situations that would qualify as fault on either party in the event of a dissolution of marriage.

In order to qualify as fault, one of the parties must have committed adultery or bigamy, engaged in physical or mental cruelty towards the other spouse, experienced proven impotence, deserted the other spouse for a period of one year or more, demonstrated habitual drunkenness for the two years or more,

In some cases, fault is present if one spouse has been convicted of a felony or “other infamous crime.” The law will find fault if one spouse is proven to have attempted the life of the other by poison or other means showing malice, or have given the other spouse a sexually transmitted disease.

The chapter also makes provisions for how drug abuse qualifies as a reason for determining fault in a divorce proceeding. To meet this requirement, there must be a proven “use of an addictive drug by a person when using the drug becomes a controlling or a dominant purpose of his life.”

In Illinois, the most common form of filing divorce is through a “no fault”divorce. In a no-fault divorce, none of the “dirty laundry” covered under the chapter has to be aired during the proceeding. Neither spouse has to prove that the other is the one who caused injury or defend himself or herself from the accusation of having committed any harm against the other spouse. In a no-fault, neither party receives any preferential treatment.

If you're considering divorce, or are already in the process of filing for divorce in Illinois, it is extremely important to consult with an experienced Schaumburg, Illinois divorce lawyer who will examine the specifics of your divorce case and determine the best way to proceeding with a filing of a dissolution of marriage.