Can I file for divorce if he does not want to agree?

Aug 8, 2012 by

Question: 

Can I file for divorce if he does not want to agree? He says he will sign for the papers in five yrs – he said he would but now he changed his mind because he thinks we will get back together – I just need some time but I know for sure that I want a divorce .

State: 
Illinois

Answer: 

In Illinois the courts require legal reasons for wanting a divorce. There are two types of grounds allowed. The first is “fault” where you are blaming your spouse as the cause of the marriage failing. The second is “irreconcilable differences” where there is no blame.

Illinois allows ten “fault” grounds:

  • Impotence
  • Bigamy
  • Adultery
  • Desertion (for 1 year),
  • Drunkenness (for 2 years)
  • Drug use (for 2 years)
  • Attempted murder
  • Physical or mental cruelty
  • Conviction of a felony
  • Sexually transmitted disease

If you are not going to claim a “fault” in the marriage, “irreconcilable differences” is the closest thing to a “no fault” divorce. This implies that irreconcilable differences have caused the breakdown of your marriage and that future attempts at reconciliation are impracticable and not in your best interests. This “grounds” for divorce can involve a waiting period though.

You didn’t say whether or not you are currently separated. If you are still cohabiting it might be difficult to obtain a no fault divorce. If you are living alone, “irreconcilable differences” might fly. ““ The Divorce.com Team

Wendy Jaffe and Divorce.com can only provide general information about divorce. DO NOT RELY ON MS. JAFFE’S ADVICE ALONE. Before acting on information provided by Ms. Jaffe or by Divorce.com, talk to an attorney first about your particular facts and the law of your state. By submitting your question to Divorce.com, you are not creating an attorney/client relationship with Ms. Jaffe or with any of the other attorneys listed on this site.

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