Divorce, or “Judgment for Dissolution of Marriage,” as it is officially named in Illinois, is the legal dissolution of a marriage. In legal terms, it is called a Judgment instead of a “Divorce Decree.” Historically a person had to have a very good reason to get divorced. However, today there are two types of divorce available fault-based and no-fault.
The following list is of some of the accepted grounds to obtain a fault-based divorce:
- Physical cruelty
- Mental Cruelty
- Abandonment for at least one year
- Prison confinement
- Habitual drunkenness for at least two years
- A drug habit for at least two years
- Infection of the spouse with a sexually transmitted disease
- Attempt to take the life of a spouse
The essential problem with the above grounds is that they have to be proven to the satisfaction of the court. Additionally, a spouse can object to a fault divorce, no one wants a finger pointed at him or her as the problem in a marriage. They can attempt to disprove, or defend, the fault some of the common defenses are:
- Connivance is a common defense to adultery. This claims that the infidelity was approved of or even participated in.
- Condonation is when it is claimed that the spouse was aware of, and forgave, the conduct, resuming the marital relationship.
- Recrimination is the claim that the spouse is guilty of the same or similar conduct.
- Provocation refers to the claim that the spouse incited the conduct.
- Collusion is when it is claimed that the spouses agreed to fabricate grounds for a divorce, and the alleged at-fault spouse changed his or her mind.
At-fault divorces are not as common as the no-fault divorces, which are generally a more amicable process. A no-fault divorce claims there has been an irreparable breakdown in the marriage, and both parties have been living separate lives for two years. If both parties sign a waiver, this two-year period can be reduced to six months.
If you are facing a divorce, it is wise to seek the guidance of a skilled, experienced divorce attorney. A good divorce attorney will minimize the emotional distress and lengthy court proceeding involve in a divorce. Good counsel can make the difference in a nasty split and an amicable one. Call (312) 456-9309 for immediate assistance from Corey M. Bandes & Associates.