There are two types of divorce in Illinois: divorce where there is a specific reason or “grounds” for divorce and divorce where no specific reason is given for the dissolution of marriage. If there are no grounds for divorce, one may seek a divorce based on irreconcilable differences. This is also known as a no-fault divorce. A no-fault divorce requires a mandatory separation period.
To obtain a divorce based on irreconcilable differences, you and your spouse must live “separate and apart” for a certain period before the divorce can be finalized. If both spouses agree to the divorce, the waiting period is six months. However, if the divorce is contested, the waiting period is two years. There is no waiting period if there are “grounds” for the divorce.
There are 11 major grounds for divorce in Illinois:
- Desertion for one year or longer
- Drug addiction
- Habitual drunkenness
- Mental cruelty
- Physical cruelty
- Drug addiction or drunkenness
- Infection with a sexually transmitted disease
- Conviction of a felony