Dissolution of Marriage (commonly known as Divorce) is governed by the Illinois Marriage and Dissolution of Marriage Act (IMDMA), which is found at 750 ILCS 5/ et seq.  The IMDMA lays out the grounds for Divorce, which are as follows:

 

1.  Impotence which began prior to marriage and has continued through the marriage;

2.  Bigamy;

3.  Desertion for greater than one year;

4.  Habitual drunkeness for two years;

5.  Drug Addiction for two years;

6.  Attempted murder;

7.  Physical or mental cruelty;

8.  Felony conviction;

9.  Infecting spouse with sexually transmitted disease;

10.  Irreconcilable Differences.

 

To find grounds for Irreconcilable Differences (which is often referred to as "no fault" divorce, but is not the same as actual no fault statutes found in other States), the parties must have lived Separate and Apart for a period of two years, or Six Months if both parties will sign a Stipulation agreeing that they have been living apart for six months, and waiving the two year waiting period.  Practially speaking, a divorce can not effectively proceed forward on grounds of Irreconcilable Differences without the agreement of both parties.

 

Interestingly, the Spouses need not have actually lived physically separate in order to meet this requirement.  If the parties have been living in the same home only for purposes of economic necessity or convenience, but the marriage has otherwise been finished during that time, most Courts will permit a divorce on grounds of Irreconcilable Differences.

 

A Legal Separation is a seldom-used device to allow someone who is living separate and apart from their spouse to move for reasonable support and maintenance while living apart.   This is usually used when one spouse does not wish to initiate divorce proceedings, but needs the maintenance or support of the absent spouse.

 

Declaration of Invalidity of Marriage (commonly known as Annullment) can be had based on the following grounds:

 

1.  One party lacked capacity to consent to the marriage due to incapacity, infirmity, or the influence of alcohol or drugs;

2.  One party was induced to enter into the marriage by fraud or duress;

3.  One party lacked the capacity to consummate the marriage, and the other party was unaware of this fact at the time of marriage;

4.  One party was underage, or aged 16 or 17 and did not have the consent of his/her parents;

5.  The marriage is otherwise prohibited by law.