Before a judge will grant a divorce, a party must prove grounds. Some grounds that may be used are irreconcilable differences, mental cruelty, physical cruelty, habitual drunkenness or a drug habit, adultery, impotence, and imprisonment.

In a case based on irreconcilable differences, which some people call no fault, the party must show that there is a breakdown in the marriage, that they have been living separately for two years (unless the case settles and the parties sign a waiver of the requirement, in which case it is only six months required), and that all efforts to reconcile have failed and further effort futile.

Regardless of grounds, it is important to note that money and property is divided or awarded on an "equitable basis" regardless of fault. That means that even if one spouse actually did something that caused the divorce, they are not "punished" in the financial judgment.

Although most couples that are divorcing have disagreements about certain issues, these disputes usually are resolved through negotiation, and advice from lawyers and a judge. Most divorce cases ultimately are settled by agreement, in part because going to trial can be expensive and unpredictable.

Among the issues that must be settled before the divorce can be granted are the following:

• Division of property – real estate, investments, money; division of debts
• Whether or not one person will have to pay maintenance to the other, and if so, how much and for how long
• If there are children, what the custody and visitation arrangements will be
• The financial obligations each person will have to the children

If the parties do not reach an agreement, a trial will be held.

Note: This information was prepared as a public service by the Illinois State Bar Association and is a joint project with the Illinois Press Association. Its purpose is to inform citizens of their legal rights and obligations.