Full question:
My husband and I are living in Springfield. Our relationship has been deteriorating during the past few months because of personal differences. We both have a tendency to be very possessive about each other and that causes a lot of problems between us, especially when our past relationships come into the picture. Realizing this, we had a pact made between us and promised each other that we wouldn't be in touch with our past partners. I found out that he was still in touch with his ex-girlfriend and has been cheating on me while I was sticking to my promise. What do I do in this situation?
- Category: Divorce
- Date:
- State: Illinois
Answer:
The dissolution of marriage in Illinois is governed by the provisions in 750 ILCS 5/401 which reads:“(a) The court shall enter a judgment of dissolution of marriage when at the time the action was commenced one of the spouses was a resident of this State or was stationed in this State while a member of the armed services, and the residence or military presence had been maintained for 90 days next preceding the commencement of the action or the making of the finding:
Irreconcilable differences have caused the irretrievable breakdown of the marriage and the court determines that efforts at reconciliation have failed or that future attempts at reconciliation would be impracticable and not in the best interests of the family.
(a-5) If the parties live separate and apart for a continuous period of not less than 6 months immediately preceding the entry of the judgment dissolving the marriage, there is an irrebuttable presumption that the requirement of irreconcilable differences has been met.
***”
Illinois no longer recognizes any grounds for divorce. There is only one ground for divorce: "irreconcilable differences." The spouse filing for divorce must prove all of the following per 750 ILCS 5/401:
- irreconcilable differences have caused the irretrievable breakdown of the marriage;
- past efforts at reconciliation have failed, and
- future efforts at reconciliation would be impracticable and not in the best interests of the family.
Also, per 720 ILCS 5/11-35 committing adultery is a criminal offense in Illinois. It reads:
“(a) A person commits adultery when he or she has sexual intercourse with another not his or her spouse, if the behavior is open and notorious, and
(1) The person is married and knows the other person involved in such intercourse is not his spouse; or
(2) The person is not married and knows that the other person involved in such intercourse is married.
A person shall be exempt from prosecution under this Section if his liability is based solely on evidence he has given in order to comply with the requirements of Section 4-1.7 of "The Illinois Public Aid Code", approved April 11, 1967, as amended [305 ILCS 5/4-1.7].
(b) Sentence. Adultery is a Class A misdemeanor.”
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.
