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Fault and No-Fault Divorce in Illinois

Illinois law requires those seeking a divorce to specify a ground for the divorce. The grounds include fault-based grounds and a “no fault” divorce. The fault based grounds for divorce in Illinois include:


Without cause or provocation, the defendant was at the time of the marriage and continues to be naturally impotent;

The defendant had a living spouse at the time of the marriage;

The defendant committed adultery;

The defendant has willfully deserted the spouse for a period of at least one year;

The defendant has been guilty of habitual drunkenness for a period of two years;

The defendant has been guilty of gross and confirmed habits caused by excessive use of addictive drugs for a period of two years;

The defendant has attempted to kill the plaintiff by poison or other means showing malice;

The defendant has been guilty of extreme and repeated physical or mental cruelty;

The defendant has been convicted of a felony or other crime of infamy; or

The defendant has infected the plaintiff with a sexually transmitted disease.


Of course, a divorce can also be granted in Illinois on no fault grounds.