What are the Grounds for Divorce in Illinois?

Published on: 10 January 2019 Last Updated on: 08 August 2019
Illinois

In Illinois, you can file for a fault or no-fault divorce. While the grounds for both types of divorces vary, one thing remains the same. Your situation needs to meet the state’s requirements in order for you to have a recognized divorce. Find out all about the grounds for divorce and what it means for you.

No-Fault Versus Fault Divorce:

Before you consider the grounds for divorce, you should understand the differences between fault and no-fault divorce. In a no-fault divorce, no one is to blame. Instead, the marriage is over because of irreconcilable differences. You don’t need to prove any type of misconduct.

A fault divorce is one in which one spouse is to blame. For example, one partner could cheat on the other. The act of cheating would place the blame on their shoulders. If you want this type of divorce, you need proof. Accusations alone are not enough.

Some states, like Florida, are strictly no-fault states. However, Illinois is one of the few states that offers the option for either type of divorce.

The Grounds for Divorce:

Because a fault divorce places the blame on an individual, the grounds for it are strict. To qualify for this type of divorce, your partner needs to be guilty of at least one of the following:

  • Impotence
  • Bigamy
  • Abandonment for a minimum of one year
  • Adultery
  • Infecting the spouse with an STD
  • Two years or more of drug addiction or alcohol abuse
  • Extreme physical or emotional abuse
  • Attempted murder of the spouse
  • A felony conviction

During the divorce process, the fact that one party was at-fault is not very significant for financial matters. According to divorce law in Illinois, the fault does not affect the division of property or alimony. But, it does matter for child custody and visitation. An at-fault parent could have limited custody as well as limited visitation rights. They may also have less of a right to joint pets.

Grounds for No-Fault Divorce:

Although you don’t need to prove any marital misconduct for no-fault divorce, you do need to wait. In Illinois, you need to live separate and apart from your spouse for two years before you can divorce.

If you reside in the same house as your spouse for those two years, you need to prove that you were not together. More specifically, you need to prove that you only lived as roommates. You also need to show that your marriage is beyond repair as a result of irreconcilable differences.

If you had efforts at reconciliation, you need to show that they failed. Finally, you need proof that any future attempt to save your marriage would be a failure.

Getting Around the Waiting Period:

The two year waiting period for a no-fault divorce can be inconvenient and challenging. If you want to speed up the process, you have one option. You and your partner can live separate and apart for six months. Then, you can agree in writing to waive the two-year waiting period.

When both partners can’t agree to waive the waiting period, there is no way around the two-year wait. Either way, you could benefit from working with a Schaumburg divorce attorney. The divorce process is not an easy one. When you work with a divorce lawyer in Schaumburg, IL, you can get the answers to all of your questions.

Read Also:

Content Rally wrapped around an online publication where you can publish your own intellectuals. It is a publishing platform designed to make great stories by content creators. This is your era, your place to be online. So come forward share your views, thoughts and ideas via Content Rally.

View all posts

Leave a Reply

Your email address will not be published. Required fields are marked *

Related

Personal Injury Lawsuit

Filing A Personal Injury Lawsuit In South Carolina: Here Are 7 Things You Should Know

Medical negligence, car accidents, defective products, dog bites, slip and fall injuries… The list of personal injury accidents can go on and on. The thing that should be noted is that all the above-mentioned accidents can result in grievous injuries. While some of them might not be fatal, it is true that a lot of individuals lose their lives every year in personal injury cases. If you are looking to file a personal injury lawsuit in the state of South Carolina, you should be aware of the facts. This is because the rules and regulations governing the administration of personal injury lawsuits differ from state to state. If you are not aware of the specifics of filing one in South Carolina, you might not get the desired solution in the form of settlement claims or compensation you are looking for. This is going to cause an unnecessary financial burden on top of the turmoil you are going through. In this resource article, we are going to list seven important things you should know when filing a personal injury lawsuit in the state of South Carolina. If you or someone you know is looking to file a personal injury claim, you should check out what we have to say in the article. Filing a Personal Injury Lawsuit: Is it absolutely necessary? The first thing that you should note is that there is a difference between a personal injury claim and a lawsuit. If you have been injured because of the irresponsible actions of someone else, you need not file a lawsuit right at the beginning. This is because, in most instances, the insurance company of the person responsible for the accident and the consequent injury will help you with the compensation amount required. Yet, it has been found that in a majority of cases, insurance companies have been found to strongarm victims into accepting lower amounts of compensation than they are rightly entitled to. The reason is simple- every time an insurance company pays, it compromises its profits. You should be looking to file a personal injury lawsuit if- You find that the insurance company is purposely delaying the disbursal process for the compensation. The person responsible for the accident is hesitant to share their insurance details with you. The extent of damages is far beyond what the insurance company can pay as part of its coverage. In such instances, you need to hire a personal injury attorney South Carolina and take the case to court to help you get what you deserve in terms of the losses suffered. 7 Things you should know when Filing a Personal Injury Lawsuit in South Carolina:   1. Hiring a Personal Injury Attorney- Studies have shown that individuals that lawyer up when filing a personal injury lawsuit are able to recover far more than people who go at it alone. This is why the first thing you should do when you want to move the case from a claim to a lawsuit is to hire an experienced personal injury attorney for your case. This will allow you to focus on getting better physically. 2. South Carolina has a Statute of Limitations- The period of filing a personal injury lawsuit in the State of South Carolina is fixed. The term period for the same is 3 years from the date of the accident. You need to file a personal injury lawsuit within the three-year period, or it will not be entertained by the courts thereafter. Make sure that you are not delaying it indefinitely since it sends the wrong message to the court. 3. Never sign anything given to you by the Insurance Company of the accused- You have no idea about the extent insurance companies can go to save their skin. They do not want to pay up. This makes them resort to unfair means like asking you to sign complicated paperwork that might compromise the integrity of the personal injury case. It is best that you refer all official documents sent to you by the insurance company to your attorney. 4. A Personal Injury Lawsuit can be won even before the start of the court proceedings- Yes, there are two main ways how you can win a personal injury lawsuit. When you file a case, the lawyer and insurance company of the accused will try to get the case settled before it goes to trial if they believe it will help them minimize the settlement amount. On the other hand, a case can go to the Jury for their decision, and whatever the court orders will have to be paid. 5. The point of a Personal Injury Lawsuit is to Fix Fault or Negligence- There is only one way to get the settlement compensation you want- fix negligence. You need to prove that the accident and the subsequent injuries were squarely the faults of the accused. In other words, it was their negligence that resulted in you receiving injuries and spending time in the hospital. This is what will help you get the maximum traction for your lawsuit. 6. Gathering evidence and building a solid personal injury lawsuit is a top priority- In most personal injury lawsuits, it all boils down to the nature of the evidence that is being presented in support of your claims. This is where an experienced personal injury attorney and their team of investigators can prove to be an invaluable asset for your lawsuit. They will be able to gather evidence whose examination will be able to establish the guilt and negligence of the accused. 7. Personal injury lawsuits can drag on for months and be very time-consuming- Yes, it is true that some personal injury lawsuits are settled within a month, whereas others can run for one or even two years. There is a certain sense of the complexity involved when it comes to personal injury lawsuits. You need to be prepared for the long haul if you want to see this through. Make sure that you pay attention to the fees for your personal injury attorney. The Final Word When it comes to personal injury lawsuits and the claim amount, it is not only about helping you pay the medical bills. If the injury is serious, you need to ensure that the compensation that is being offered makes up for lost wages, takes care of the medical care you need during the recovery stage, and more. If you have any more questions regarding personal injury lawsuits in the State of South Carolina, please let us know in the comments section below. Read Also: What Personal Injury Law in California Involves What Are The Effective Ways To Communicate With A Personal Injury Lawyer Road Accidents And Personal Injury Lawsuits: How To Fight For Compensation

READ MOREDetails
Auto Accident

5 Steps To Take After An Auto Accident: A Guide To Handling The Unexpected

Getting yourself involved in an auto accident might be a distressing experience. However, it's essential to remain calm and further take necessary actions to ensure your safety and protect your legal rights after an accident. By following a structured approach, you can navigate the aftermath of an accident more effectively. In this article, we will outline five crucial steps you need to take post an auto accident to help you handle the situation with confidence and care. Safety First, Always The first priority after an accident is the protection of everyone involved. Assess the situation and, if possible, take your vehicle to a much more secure location far from the crowd. Turn on hazard lights along with creating flares or warning triangles to warn other drivers. Check on the well-being of passengers, drivers, and pedestrians and call emergency services if medical attention is required. Contact Law Enforcement As Well As Exchange Information In most cases, it's crucial to contact law enforcement officers and disclose the accident details. Dial the emergency services hotline or the non-emergency police line to inform them of this incident. While you wait for their arrival, exchange data in case other parties are involved. Procure their names along with other relevant details like license numbers of the drivers, license plate numbers as well as insurance data. If there were witnesses, ask for their contact information as well. Document The Accident Gathering evidence is essential for insurance claims and potential legal proceedings. Use a camera or your smartphone to click pictures of the spot where the accident took place from various angles. This might include damaging the vehicles, road conditions, and of course, skid marks. Note down important details like the time, date, location, weather conditions, and/or significant factors that may have contributed to the accident. These records will assist you when Steps To Take After An Auto Accident. Make The Concerned Insurance Firm Aware Promptly make the insurance company aware of the accident. Offer them accurate and comprehensive information about what transpired. They will inform you everything about the claim process, including any necessary paperwork. It's important to adhere to the reporting deadlines outlined in your insurance policy, as late reporting may result in claim denial. You must completely cooperate with your insurance agency during the investigation. Ask For Medical Attention And Legal Guidance If Needed Even when you think you haven't suffered any serious injuries, it's advisable to seek medical help after an accident. Some injuries may not be immediately apparent, and a medical evaluation can identify underlying issues. Additionally, if you experience any ongoing pain or complications, consult a personal injury lawyer, further specializing in auto accidents. When you want guidance on legal matters, help to protect your entitlements, and assistance with any potential legal claims, they are the ones to trust. Being indulged in an auto accident is no less than a stressful and overwhelming experience. However, taking the appropriate steps in the aftermath is crucial for your safety, well-being, and legal protection. Remember to prioritize safety, contact law enforcement, exchange information with other parties, document the accident scene, notify your insurance agency, and seek medical help if necessary. By following these steps, you can navigate the aftermath of an auto accident more effectively and ensure a smoother claims process. Read Also: 7 Reasons Why Teenagers Pay Extra For Car Insurance 5 Things To Look For In A Personal Injury Lawyer Things about a Personal Injury Lawyer

READ MOREDetails
DWI

DWI: 7 Major Reasons You Need A Legal Expert To Represent You

Are you planning to seek the assistance of an expert lawyer for your DWI case? If yes, then you must seek the best lawyer who can help you win the case in your favor. You have concentrated on getting the essential links of the case with the help of your DWI attorney to win the case in your favor. The DWI attorney can help you achieve your objectives in the right way to support you in the difficult time of your life. You have to seek the advice of the DWI attorney to win the case in your favor without leaving any scope of further complications. Major Reasons You Need To Seek The Assistance Of DWI Lawyer For Your Case     Several reasons are there why you must seek the assistance of the DWI attorney for your case. But, first, let’s find out the reasons to understand it in the correct order better. 1. They Can Help You To Get Back Your License  Your DWI attorney can reduce the charges on you in court and help you get back your revoked or canceled car license. Your DWI attorney in Ozark MO knows the ways to help you get the permit back in the court. You just need to seek the assistance of an experienced lawyer who can help you get your car license back. 2. DWI Lawyer Can Reduce The Sentence  The DWI cases can be very complicated and severe. Your attorney will judge the severity of the crime and whether you are a first-time convict or not. Depending on this fact, he will devise his strategy against the prosecution to reduce the sentence from you. To get the advantage of this fact, you need to seek an experienced lawyer who can help you win the case in your favor. 3. They Can Save Your Money  Your attorney will navigate all the possible ways and evidence to reduce the charges against you. The prime objective of an experienced and efficient DWI attorney is to reduce the charges of your case from you. Therefore, you need to make sure that you have selected such a person for your case whose objective will be to end the case in a complete dismissal. It will help you to save your time, money, and prestige to a great extent. 4. Skilled DWI Lawyer Can Dismiss Your Case  The best thing about a skilled DWI lawyer is that they can help you win the case in your favor and reduce the DWI charges. In addition, a highly qualified, experienced lawyer can help to lead the case to complete dismissal. They can help you to win the case in your favor in the best possible manner. 5. They Have Relationships With The Prosecution  The best thing that the DWI lawyer has is a good and friendly relation with the prosecution, and this can help you win the case and lead to the complete dismissal of the case with a mutual negotiation. Your lawyer knows the trick to negotiate with the other party, which will help you get rid of the case headache. You just need to follow his instructions in the correct order to achieve your objectives adequately. 6. You Need To Spend Less Time In Court  You do not have to spend much time in court; your DWI lawyer will tackle all the court proceedings. DWI cases are stressful and complicated, so an experienced lawyer will tackle the situation well and will help you to spend less time in court. In addition, they know the techniques to handle the legal formalities to assist you in winning the case. 7. Understands The Legal System  They understand the legal system very well and can help you to provide the correct guidance that you require to win the case in your favor. You just need to follow their instructions during the court proceedings to help you win the case in your favor. Final Words Hence, these are some of the possibilities and help that your DWI lawyer can provide you if you need them from their end. You have to make a conscious effort from your counterpart to seek the help of the DWI attorney. You need to plan things in the correct order to achieve your objectives in the right way. They know the tricks to help you out in your case. Read Also: 6 Reasons you need a Divorce Lawyer 5 Things To Do Immediately After You Get Into A Car Accident

READ MOREDetails