The grounds for dissolution of marriage are as follows:

No-Fault Based Grounds: Living separate and apart for a continuous period of at least two years and irreconcilable differences are deemed to have caused the irretrievable breakdown of the marriage.

Fault Based Grounds: (1) Impotence; (2) Previosly married and never divorced; (3) Adultery; (4) the respondent has wilfully deserted or absented himself or herself from the petitioner for the space of one year, including any period during which litigation may have pended between the spouses for dissolution of marriage or legal separation;( 5) Habitual drunkenness for at least two years; (6) Drug addiction for at least two years (7) Repeated and extreme physical or mental cruelty (8) Felony conviction or imprisionment (9) Infection with a sexually transmitted disease. (750 Illinois Compiled Statutes – Chapter 5 – Sections: 401)

The court shall enter a judgment of dissolution of marriage as long as one of the spouses was a resident of this State or was stationed in this State while a member of the armed services, and the residence or military presence had been maintained for 90 days prior to filing. The proceedings shall be had in the county where the plaintiff or defendant resides. (750 Illinois Compiled Statutes – Chapter 5 – Sections: 104 and 401)

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Divorce is a popular topic that is widely discussed and information concerning divorce and the legal system are rarely as accurate as legend would have us believe. What we hear is often incorrect by the time it gets to us, sometimes we do not hear it correctly, and sometimes we do not repeat it accurately.

As information flows through hundreds of conversations, it can easily become diluted or distorted and turn into misinformation (also known as myth or misconception). Misinformation leads us to having incorrect beliefs, which, in turn, set us up to making avoidable mistakes and incorrect choices.

Divorce has more than its share of myths and misconceptions. This page aims to set the record straight on some the most common of these.

Divorce FAQ’s

FAQ stands for Frequently Asked Questions. These are the questions that divorcing parties ask the most. Since many stem from and intertwine with myth, we have combined our discussions of both.

Here is the real scoop on these everyday items:

Can my spouse prevent me from getting a divorce?

Does the court make us go to marriage counseling?

Annulment: How short does the marriage have to be?

When does the legal separation take place?

If a couple already agrees on everything, should they use mediation?

What happens to my health insurance?

Does it help to be the first to file?

What’s the deal on using one lawyer?

Can I date before the divorce is final?

Does Illinois have any waiting periods?

Can I ask for a jury trial?

What is arbitration and does Illinois allow its use in divorce?

At what age can the kids choose who they want to live with?

It is true that no fault is quicker and cheaper?

Do we have to be separated six months before we can file?

Can a pregnant person get divorced before the baby is born?

Does child support include day care, extracurricular, or activity expenses?

Does the spouse that receives child support have to pay taxes on it?

My spouse is telling me to move out. Do I have to?

If I do move out, is it considered abandonment?

Can I buy my own house before the divorce is final?

Does adultery affect who gets custody?

If we reach a settlement, do we still have to go to court?

We welcome hearing from you and we invite your questions. There is no obligation. No one will ever know that we spoke or what we discussed. Everything you say is privileged, confidential, and completely classified. We do not maintain a mailing list and will not contact you unless you ask us to.

Calling us is easy. Ask for Andrew or Cindy at 312-274-0600, or email us at divorce@andrewspivack.com.

If we are in court or in a meeting when you call, one of us will personally get back to you as quickly as possible. We are extremely discreet with callbacks and reply emails. Just leave your name and a secure email address or personal cell phone number.