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High asset divorce in Illinois may be at-fault or no-fault

In Illinois, the divorce laws are found in the statutes of the state. Getting a fair hearing in a high asset divorce means being informed of the laws governing divorce and what constitutes fault and no-fault. The dissolution of marriage has many aspects that are well worth noting.

One of the divorcing couple must be a citizen of the state of Illinois or at least must have been stationed by the U.S. military in the state and have been in-state for at least 90 days.

Grounds for divorce are that one of the people who is getting a divorce is naturally impotent, if one of you already has a spouse or if one of the partners has committed provable adultery. Another reason for a divorce is defined as one of the people in the marriage has abandoned the other. Being habitually drunk for two years is another reason for divorce in Illinois. Being a habitual drug user, one of the parties attempting to take his or her own life, suffering abuse from your spouse or having a felony conviction on one of the party's record is also grounds for divorce.

If the two of you haven't lived together for a period of more than two years, and you believe that there are irreconcilable differences with the two of you, a divorce can be obtained.

One loophole in the law is that you may obtain a divorce if the two of you have not lived together for six months before asking the court for a divorce. The two-year requirement can be waived if the two of you tried to reconcile by attending counseling sessions with a therapist or marriage counselor.

Another way a six-month period will work is if you reconciled during that 6-month period and honestly tried to make your marriage work.

While Illinois is considered a no-fault divorce state, it is advisable to obtain the advice of a professional who knows the full law of Illinois and can guide you through the process so that all the assets that are yours remain yours.

Source: Illinois Compiled Statutes, "FAMILIES (750 ILCS 5/) Illinois Marriage and Dissolution of Marriage Act." Sep. 08, 2014

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