Abandonment is a valid ground for "no-fault" divorce in Illinois when one spouse willfully deserts the other without reasonable cause for at least one year. It allows the abandoned spouse to legally end the marriage without proving misconduct. Understanding the definition, requirements, and legal process is crucial.
• Definition of Abandonment:
- Abandonment occurs when a spouse voluntarily leaves the marital residence with no intention of returning, and this desertion lasts continuously for one year or more without justifiable cause.
- Importantly, abandonment can happen even if the couple remains under the same roof if one spouse refuses to fulfill marital obligations.
• Requirements for Abandonment Divorce:
- The abandonment lasted at least one year.
- The abandonment was willful and without reasonable cause.
- The abandoned spouse did not condone or agree to the abandonment.
- The abandoned spouse was an Illinois resident for at least 90 days before filing.
• Proving Abandonment:
- The abandoned spouse must provide solid evidence, such as witness testimony, documentation of the spouse's absence (utility bills, rent payments), proof of attempts at reconciliation, and evidence that the abandonment lacked reasonable cause.
- Working with an experienced family law attorney is highly recommended to ensure all requirements are properly met and documented.
Legal Process for Abandonment Divorce (Around 350 words)
If the requirements are met, the typical legal process for an abandonment divorce case involves the following steps:
1. Filing a petition for dissolution of marriage citing abandonment as the grounds for divorce. This involves completing and submitting the necessary legal forms and documents to the appropriate court.
2. Serving the petition and a summons on the other spouse. The abandoned spouse must officially notify their partner of the divorce proceedings by delivering the legal documents, typically through a process server or certified mail.
3. Gathering and presenting evidence of abandonment during the discovery phase. This may include:
- Witness testimony from friends, family, or others who can corroborate the abandonment
- Documentation proving the spouse's absence, such as utility bills, rent payments, or other records
- Communication logs, letters, or other proof of attempts to reconcile or communicate with the absent spouse
- Evidence demonstrating the lack of reasonable cause for the abandonment, such as financial records or employment information
4. Attending hearings and negotiating terms of the divorce, such as property division, alimony, and child custody/support (if applicable). These negotiations may involve mediation or settlement conferences to try to reach an agreement outside of court.
5. If the case proceeds to trial, presenting evidence and witness testimony to prove abandonment. The abandoned spouse and their attorney will need to make a compelling case that all legal requirements for abandonment were met.
6. Obtaining a final divorce decree from the court if abandonment is proven. The judge will review all evidence and testimony, make decisions on any contested issues, and formally grant the divorce if abandonment is adequately demonstrated.
Throughout this process, an experienced divorce attorney plays a crucial role in:
- Ensuring all filing requirements and deadlines are met
- Properly serving legal documents and following court procedures
- Gathering and presenting compelling evidence to support the abandonment claim
- Advocating for the client's rights and interests during negotiations or trial
- Helping navigate complex legal issues or disputes that may arise
While the abandonment divorce process may seem straightforward, having knowledgeable legal representation can greatly improve the chances of a successful outcome and a fair resolution.
