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DuPage County divorce lawyer infidelity adulteryInfidelity in marriage is one of the most common reasons people choose to file for divorce. Once one person in a marriage commits adultery, their partner may feel that their trust has been broken and that they cannot repair the relationship. Couples in Illinois may wonder how adultery can affect their divorce case. 

Grounds for Divorce

The state of Illinois does not accept adultery as a reason to file for divorce. Illinois offers what is called “no-fault” divorce, meaning that neither party is considered to be at fault for the dissolution of the marriage. In the past, the law included a list of several different reasons that could be used as grounds to file for divorce. However, the only grounds for divorce that are currently recognized is “irreconcilable differences,” which means that a couple’s marriage has broken down and is beyond repair. 

Usually, there is no need to demonstrate that irreconcilable differences exist, and a divorce will be granted if both spouses agree to end the marriage. However, if one spouse objects to the divorce, adultery could be shown to be the cause of the irreconcilable differences, and if the petitioner can make the case that the marriage is irretrievable due to these differences, the divorce will typically be granted. If a couple is separated for at least six months, it is presumed they have met the requirement for irreconcilable differences. 

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b2ap3_thumbnail_substance-abusing-spouse-DuPage-County.jpgAbuse of alcohol and drugs is an increasing problem in the United States, and substance abuse issues can play a major role in the breakdown of a marriage. In fact, studies have shown that nearly half of people who suffer from alcohol use disorder or have suffered from it in the past have gone through a divorce. The rate of divorce for the rest of the population is only 30 percent, however. If your spouse has problems with drug or alcohol abuse, you should be aware of the following issues that may arise during divorce.

Grounds for Divorce

Since Illinois is a no-fault divorce state, spouses do not need to demonstrate any grounds for divorce other than “irreconcilable differences.” That is, the only requirement for divorce is that the relationship has irretrievably broken down. A spouse’s substance abuse may have been a reason for this breakdown, but the law does not require it to be proven, and in fact, attempting to raise the issue may make the divorce process lengthier and more complicated. An experienced divorce attorney will be able to advise you about whether you should raise the issue of substance abuse during your divorce proceedings.

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