What is the difference between fault and no-fault grounds for divorce?
In Illinois, there are two categories of grounds for divorce: fault and no-fault. A no-fault divorce is commonly known as a divorce due to irreconcilable differences. To prove a no-fault divorce, you must be separated from your spouse for at least 6 months or 2 years (depending on whether or not children are involved), and state that you both have made all efforts to try to work out your problems, but your marriage cannot be saved. Fault must be proven in court to establish grounds for divorce. There are 10 fault grounds for divorce in Illinois. They are: impotence, bigamy, adultery, willful desertion (for 1 year), habitual drunkenness (for 2 years), excessive use of addictive drugs (for 2 years), your spouse has attempted to take your life, extreme and repeated acts of physical or mental cruelty, your spouse has been convicted of a felony or other infamous crime, or your spouse has infected you with a sexually transmitted disease.
