Illinois divorce cases require careful attention to details. The petitioners must fulfill the residency requirements and identify clear grounds for their divorce. Once these prerequisites are completed, the laws determine how the case proceeds. Divorce lawyers in St. Charles, IL help petitioners with these requirements and management of their case.
Reviewing the Grounds for Divorce
The primary ground used for divorces is irretrievable breakdown of the marriage. This indicates that neither party was at fault for the divorce. However, fault-based grounds are more complex. They are as follows:
Impotence: If the husband was impotent prior to the marriage, a petitioner may use the ground for the divorce. They need medical evidence of the condition and a starting date outlined in this evidence.
Existing marriage: If either party was married already, it is grounds for divorce. When this is the case, the court could nullify this marriage. Under Illinois laws, the second marriage wasn’t legal.
Adultery: Adultery indicates that either party was unfaithful. To use this ground, the petitioner must provide proof. This evidence could include video footage, phone records or photographs.
Addiction: To use addiction or alcoholism as a ground, the condition must exist for more than two years. The petitioner cannot live with the defendant for this duration as living with the defendant indicates that the behavior was condoned.
Infection with a sexually transmitted disease: The petitioner may file for divorce on the grounds that their spouse has a sexually transmitted disease. They must provide medical records to support this claim. If the petitioner acquired the STD from their spouse, this is also grounds for a divorce.
Preventing a Divorce Trial
To prevent a divorce trial, the couple must agree to the terms of the divorce. Mediation is the last resort when compromise is difficult. However, if this measure doesn’t work, a trial is necessary.
Illinois divorce cases require petitioners to follow the guidelines for these proceedings. This includes fulfilling all prerequisites and identifying the cause of the breakup of the marriage. Divorce lawyers in St. Charles, IL help these couples navigate through these proceedings. Petitioners who need assistance should visit us for more information.
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