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Who's Fault Is It? Fault Versus No Fault Divorce

Posted on in DIvision of Property

Wedding day bliss, you never dreamed that one day you would have to state fault or no fault in a divorce petition. "Of course there is a fault!" you simply conclude - that's why divorce is imminent. However, in the state of Illinois, there are specific things that make a divorce a fault or no fault divorce.

No fault divorce is when a couple has tried everything, and it still will not work. Couples who have lived separately for two years and who have tried to reconcile still might just see it fit to end the marriage. At times, it is in the best interest of both parties to divorce.

In a fault marriage, there are specific accounts that will be taken into consideration and grounds for a dismissal in a marriage:

-          Naturally impotent during marriage

-          One spouse has another spouse still alive during marriage.

-          Adultery

-          Living separately for one year and possible petition for legal separation

-          Habitual drunkenness for 2 years

-          Addiction to drugs for 2 years

-          Attempted to take the life of the other in a malicious way

-          Guilty of extreme physical and mental cruelty

-          Infected other with sexually transmitted disease

These grounds for dismissal do not influence financial status. In all marriages in the state of Illinois, both parties are equal owners of assets and sharers of debt.

If you are in need of assistance in  your divorce or have questions on how to proceed in a dissolution of a marriage, please contact a knowledgeable and solution based lawyer in DuPage county.

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