Can Someone Refuse to Get Divorced in Illinois?
Chapter 750 of Illinois Compiled Statute 5, also known as the Illinois Marriage and Dissolution Act, outlines the legal provisions associated with a divorce among state of Illinois residents. In order to be eligible to file for a dissolution of marriage in the state of Illinois, one of the spouses must have resided in Illinois for at least 90 days prior to filing, either as a regular resident or stationed there as a member of the armed forces. Dissolution of marriage petitions must state the grounds for divorce.
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No-Fault Divorce
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Petitioning for a no-fault divorce means that the spouses have lived apart in separate residences for more than two years and all reconciliation efforts have failed. Additionally, both spouses agree that all future reconciliation attempts will fail as well. The judge may waive the two-year separation if both parties agree to it through a written stipulation. However, if one party does not agree to it, divorce proceedings will not continue until after two years of living apart in separate residences.
Fault Divorce
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Petitioning for a fault divorce means that one spouse was or is naturally impotent, already married, an adulterer, drug or alcohol addict and/or physically or mentally abusive. Grounds for a fault divorce also include the transmission of a sexually transmitted disease, felony conviction or desertion/abandonment of one year. The two-year separation stipulation does not apply to a fault divorce; however, counseling or mediation requirements do apply.
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Counseling/Mediation Requirements
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If either spouse requests marital counseling or the court deems the marriage may be reconciled through counseling or mediation, the judge may order both parties to attend a court-established counseling service. In addition, when minor children are involved, the judge may order both parties to attend educational programs in regard to the effects of dissolution of marriage on minor children. Both spouses are responsible for counseling and mediation expenses.
Court Judgment
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The court may order the dissolution of marriage once all previous actions are finalized, such as a two-year separation, proven fault, and counseling or mediation, even if one party does not agree to the divorce. The party not in agreement may file an appeal within 60 days of the divorce commencement; however, either party can remarry after 45 days of the final judgment while an appeal is under way. Both parties must comply with financial and custodial orders of the court during an appeal.
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References
- Photo Credit man and woman divorced image by Ivonne Wierink from Fotolia.com
