You may realize that divorce is technically a lawsuit that results in the end of a legal marriage. You may also know that in order to file a lawsuit, you must have a cause for legal action. In a car accident case, for example, property damage or bodily injury gives a person cause to file suit against the liable party. From the standpoint of the law, a divorce is no different. So, what are the causes that give a person the ability to file a petition for divorce? Causes of action in divorce proceedings are known as grounds, and the number of possible divorce grounds might surprise you.

Irreconcilable Differences

Since changes to the Illinois Marriage and Dissolution of Marriage Act went into effect in 2016, there is exactly one cause of action for a divorce in Illinois. All divorces in the state are now granted on the grounds of irreconcilable differences. More specifically, the court may only grant a divorce if that “irreconcilable differences have caused the irretrievable breakdown of the marriage.” In addition, the court must also find that efforts at saving the marriage would be “impracticable and not in the best interests of the family.

When two people get married, they often choose to combine all of their financial interests. They may have joint checking and savings accounts, put both names on loan documents and titles, and generally consult with one another about major purchases. Other couples may elect to keep things more separate. These couples may have joint accounts to be used for household bills and other expenses, but they may also have investments or property held in their own names. Whichever option a couple chooses, a divorce may leave more property subject to division than many people realize.

What the Law Says

If a divorcing couple is able to reach a reasonable agreement regarding the division of property, the court will approve the agreement without much a problem in most cases. If the couple cannot agree, however, Illinois law says that a court has the authority to divide the couple’s marital property in a manner that is equitable and just—not necessarily equally. Only marital property is subject to division in a divorce, and determining what constitutes marital property is the first step of the property division process.

In about two weeks, families throughout the United States will get together to celebrate the Thanksgiving holiday. As you might expect, traditions often vary from one family to the next, but for most people, the most important part of the holiday season is the opportunity to visit with friends and loved ones—many who have traveled a great distance to be part of the festivities. If you are a divorced parent, however, planning for the holidays can be difficult as you most likely will need to coordinate your plans with those of your child’s other parent.

Rotating Holidays?

Illinois law provides that a parenting plan following a divorce must include a parenting time schedule. Must parenting plans also include provisions that indicate where and how the child will spend certain holidays, depending on which holidays are a priority for which parent. For example, if Thanksgiving is a major holiday among your extended family but not so much for the other parent’s family, your agreement could stipulate that your child is to stay with you each year at Thanksgiving. In other situations, an alternating or split holiday schedules may be more appropriate.

One of the most difficult parts of a divorce can be the dividing of the marital property. Before the work of dividing the assets can even be started, the assets must be assigned a proper value.

How Marital Property Is Handled

Illinois considers all property, with extremely limited exceptions, acquired after the date of the marriage to be marital property. Unless the two sides come to an agreement on their own, the law requires the court to divide marital property equitably in a divorce. This means taking into account all of the relevant factors and dividing the property fairly. It is important to understand that “fairly” does not always mean “equally.”

Divorce is never easy. However, if you and your soon-to-be ex-spouse agree on the major issues, you may be eligible for an expedited form of divorce called dissolution of marriage, otherwise referred to as a joint simplified divorce. This option can help condense the process of divorce down from years long to mere months, in most cases.

Eligibility Requirements

Relatively few couples meet all of the requirements for a joint simplified dissolution of marriage, but if you qualify, your divorce may be concluded not in months or years, but in just a few weeks. According to the Illinois Marriage and Dissolution of Marriage, you are eligible if: