In Illinois, divorce petitioners must choose the most suitable grounds for their divorce. Each fault-based ground requires specific evidence to support the claim. Divorce lawyers in St. Charles, IL assist petitioners choose the correct option for their divorce.
Fraud As a Divorce Ground
Fraud could apply to several factors. The age of a spouse could identify a case of fraud, as no one in Illinois can become married unless they are at least eighteen or have parental consent. Fraud exists if the individual provided falsified documents to appear older. The same rulings apply if the signature on the parental consent forms were forged.
Impotence is another factor that could identify a case of fraud. A husband that promised a wife that they would have children and lied about the condition has commited fraud. If the marriage occurred less than a year prior to the discovery of either of these circumstances, it can be annulled. However, if it has exceeded the deadline for annulment, a divorce is necessary.
Adultery-Based Divorce Proceedings
Adultery indicates an extra-marital affair. The petitioner needs evidence showing proof of this relationship. This includes photographs, video, or phone records. Electronic messages could also indicate an affair. Evidence is needed for this ground, especially if it applies to the terms of a prenuptial agreement.
Abandonment or Desertion
Abandonment or desertion is available as a divorce grounds if one year has passed. This ground may require service via the public. This requires the petitioner to place an ad in the local newspaper. The ad notifies their spouse of the impending divorce, and it must run for at least six weeks.
The judge renders a default judgment if the defendant doesn’t respond. This requires the petitioner to attend a hearing. The judge finalizes the divorce during the hearing.
In Illinois, the divorce grounds chosen affect the way in which the case proceeds. Fault-based grounds require evidence to support the petitioner’s claim. The petitioner must provide evidence according to applicable laws. These proceedings may require additional measures or offer the opportunity for an annulment. Petitioner who need help with these concepts should contact divorce lawyers in St. Charles, IL or visit today.
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