DIVORCE

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illinois - my husband is a porn addict. it has destroyed our marriage. what would be the best grounds for divorce? what are my chances of keeping the house under these circumstances?

 

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illinois - my husband is a porn addict. it has destroyed our marriage. what would be the best grounds for divorce? what are my chances of keeping the house under these circumstances?

My response:

(750 ILCS 5/701)
Sec. 701. Marital Residence - Order Granting Possession to Spouse.)
Where there is on file a verified complaint or verified petition seeking
temporary eviction from the marital residence, the court may, during the
pendency of the proceeding, only in cases where the physical or mental
well being of either spouse or their children is jeopardized by
occupancy of the marital residence by both spouses, and only upon due
notice and full hearing, unless waived by the court on good cause shown,
enter orders of injunction, mandatory or restraining, granting the
exclusive possession of the marital residence to either spouse, by
eviction from, or restoration of, the marital residence, until the final
determination of the cause. No such order shall in any manner affect any
estate in homestead property of either party.

DISSOLUTION AND LEGAL SEPARATION

(750 ILCS 5/401)
Sec. 401. Dissolution of marriage.
(a) The court shall enter a judgment of dissolution of marriage if
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; provided, however, that a finding of residence of a party
in any judgment entered under this Act from January 1, 1982 through June
30, 1982 shall satisfy the former domicile requirements of this Act; and
if one of the following grounds for dissolution has been proved:
(1) That, without cause or provocation by the petitioner: the
respondent was at the time of such marriage, and continues to be
naturally impotent; the respondent had a wife or husband living at
the time of the marriage; the respondent had committed adultery
subsequent to the marriage; the respondent has wilfully deserted or
absented himself or herself from the petitioner for the space of one
year, including any period during which litigation may have pended
between the spouses for dissolution of marriage or legal separation;
the respondent has been guilty of habitual drunkenness for the space
of 2 years; the respondent has been guilty of gross and confirmed
habits caused by the excessive use of addictive drugs for the space
of 2 years, or has attempted the life of the other by poison or
other means showing malice, or has been guilty of extreme and
repeated physical or mental cruelty, or has been convicted of a
felony or other infamous crime; or the respondent has infected the
other with a sexually transmitted disease. "Excessive use of
addictive drugs", as used in this Section, refers to use of an
addictive drug by a person when using the drug becomes a controlling
or a dominant purpose of his life; or
(2) That the spouses have lived separate and apart for a
continuous period in excess of 2 years and 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. If the spouses have lived
separate and apart for a continuous period of not less than 6 months
next preceding the entry of the judgment dissolving the marriage, as
evidenced by testimony or affidavits of the spouses, the requirement
of living separate and apart for a continuous period in excess of 2
years may be waived upon written stipulation of both spouses filed
with the court. At any time after the parties cease to cohabit, the
following periods shall be included in the period of separation:
(A) any period of cohabitation during which the parties
attempted in good faith to reconcile and participated in
marriage counseling under the guidance of any of the following:
a psychiatrist, a clinical psychologist, a clinical social
worker, a marriage and family therapist, a person authorized to
provide counseling in accordance with the prescriptions of any
religious denomination, or a person regularly engaged in
providing family or marriage counseling; and
(B) any period of cohabitation under written agreement of
the parties to attempt to reconcile.
In computing the period during which the spouses have lived separate
and apart for purposes of this Section, periods during which the spouses
were living separate and apart prior to July 1, 1984 are included.
(b) Judgment shall not be entered unless, to the extent it has
jurisdiction to do so, the court has considered, approved, reserved or
made provision for child custody, the support of any child of the
marriage entitled to support, the maintenance of either spouse and the
disposition of property. The court may enter a judgment for dissolution
that reserves any of these issues either upon (i) agreement of the
parties, or (ii) motion of either party and a finding by the court that
appropriate circumstances exist.
The death of a party subsequent to entry of a judgment for
dissolution but before judgment on reserved issues shall not abate the
proceedings.
If any provision of this Section or its application shall be
adjudged unconstitutional or invalid for any reason by any court of
competent jurisdiction, that judgment shall not impair, affect or
invalidate any other provision or application of this Section, which
shall remain in full force and effect.
(Source: P.A. 89-187, eff. 7-19-95.)

(750 ILCS 5/402)
Sec. 402. Legal Separation.) (a) Any person living separate and
apart from his or her spouse without fault may have a remedy for
reasonable support and maintenance while they so live apart.
(b) Such action shall be brought in the circuit court of the county
in which the respondent resides or in which the parties last resided
together as husband and wife. In the event the respondent cannot be
found within the State, the action may be brought in the circuit court
of the county in which the petitioner resides. Commencement of the
action, temporary relief and trials shall be the same as in actions for
dissolution of marriage.
(c) A proceeding or judgment for legal separation shall not bar
either party from instituting an action for dissolution of marriage, and
if the party so moving has met the requirements of Section 401, a
judgment for dissolution shall be granted.
(Source: P.A. 82-716.)

(750 ILCS 5/403)
Sec. 403. Pleadings - Commencement - Abolition of Existing Defenses
- Procedure.)
(a) The petition for dissolution of marriage or legal separation
shall be verified and shall minimally set forth:
(1) the age, occupation and residence of each party and his
length of residence in this State;
(2) the date of the marriage and the place at which it was
registered;
(2.5) whether a petition for dissolution of marriage is
pending in any other county or state;
(3) that the jurisdictional requirements of subsection (a) of
Section 401 have been met and that there exist grounds for
dissolution of marriage or legal separation. The petitioner need
only allege the name of the particular grounds relied upon, which
shall constitute a legally sufficient allegation of the grounds; and
the respondent shall be entitled to demand a bill of particulars
prior to trial setting forth the facts constituting the grounds, if
he so chooses. The petition must also contain:
(4) the names, ages and addresses of all living children of
the marriage and whether the wife is pregnant;
(5) any arrangements as to support, custody and visitation of
the children and maintenance of a spouse; and
(6) the relief sought.
(b) Either or both parties to the marriage may initiate the
proceeding.
(c) The previously existing defense of recrimination is abolished.
The defense of condonation is abolished only as to condonations
occurring after a proceeding is filed under this Act and after the
court has acquired jurisdiction over the respondent.
(d) The court may join additional parties necessary and proper for
the exercise of its authority under this Act.
(e) Contested trials shall be on a bifurcated basis with the
grounds being tried first. Upon the court determining that the grounds
exist, the court may allow additional time for the parties to settle
amicably the remaining issues before resuming the trial, or may proceed
immediately to trial on the remaining issues. In cases where the
grounds are uncontested and proved as in cases of default, the trial on
all other remaining issues shall proceed immediately, if so ordered by
the court or if the parties so stipulate, issue on the pleadings
notwithstanding.
(f) Even if no bill of particulars shall have been filed demanding
the specification of the particular facts underlying the allegation of
the grounds, the court shall nonetheless require proper and sufficient
proof of the existence of the grounds.
(Source: P.A. 90-174, eff. 10-1-97.)

(750 ILCS 5/404)
Sec. 404. Conciliation; mediation.
(a) If the court concludes that there is a prospect of
reconciliation, the court, at the request of either party, or on its own
motion, may order a conciliation conference. The conciliation conference
and counseling shall take place at the established court conciliation
service of that judicial district or at any similar service or facility
where no court conciliation service has been established.
(b) The facts adduced at any conciliation conference resulting from
a referral hereunder, shall not be considered in the adjudication of a
pending or subsequent action, nor shall any report resulting from such
conference become part of the record of the case unless the parties have
stipulated in writing to the contrary.
The court, upon good cause shown, may prohibit conciliation,
mediation or other process that requires the parties to meet and confer
without counsel.
(Source: P.A. 87-1255.)

(750 ILCS 5/404.1)
Sec. 404.1. (a) In an action for dissolution of marriage involving
minor children, or in a post-judgment proceeding involving minor
children, the court may on its own motion order the parties, excluding
the minor children, to attend an educational program concerning the
effects of dissolution of marriage on the children, if the court finds
that it would be in the best interests of the minor children. The
program may be divided into sessions, which in the aggregate shall not
exceed 4 hours in duration. The program shall be educational in nature
and not designed for individual therapy.
(b) The facts adduced at any educational session resulting from a
referral under this Section shall not be considered in the adjudication
of a pending or subsequent action, nor shall any report resulting from
such educational session become part of the record of the case unless
the parties have stipulated in writing to the contrary.
(c) The fees or costs of educational sessions under this Section
shall be borne by the parties and may be assessed by the court as it
deems equitable.
(Source: P.A. 86-288.)

(750 ILCS 5/405)
Sec. 405. Hearing on Default - Notice.) If the respondent is in
default, the court shall proceed to hear the cause upon testimony of
petitioner taken in open court, and in no case of default shall the
court grant a dissolution of marriage or legal separation or declaration
of invalidity of marriage, unless the judge is satisfied that all proper
means have been taken to notify the respondent of the pendency of the
suit. Whenever the judge is satisfied that the interests of the
respondent require it, the court may order such additional notice as may
be required.
(Source: P.A. 80-923.)

(750 ILCS 5/406)
Sec. 406. Fault or Conduct of Petitioner.) In every action for a
dissolution of marriage or legal separation, or declaration of
invalidity of marriage, the conduct of the petitioner, unless raised by
the pleadings, is not a bar to the action nor a proper basis for the
refusal of a judgment of dissolution of marriage or legal separation or
declaration of invalidity of marriage. Defenses which may be raised by
the pleadings, however, shall not include the defenses abolished under
Section 403(c).
(Source: P.A. 81-231.)

(750 ILCS 5/407)
Sec. 407. Admission of Respondent.) No admission of the respondent
shall be taken as evidence unless the court shall be satisfied that such
admission was made in sincerity and without fraud or collusion to enable
the petitioner to obtain a dissolution of marriage or legal separation
or declaration of invalidity of marriage.
(Source: P.A. 84-551.)

(750 ILCS 5/408)
Sec. 408. Collusion - Assent or Consent of Petitioner.) If it
appears, to the satisfaction of the court, that the injury complained of
was occasioned by collusion of the parties, or done with the assent of
the petitioner for the purpose of obtaining a dissolution of marriage or
legal separation or declaration of invalidity of marriage, or that the
petitioner was consenting thereto, then no dissolution of marriage or
legal separation or declaration of invalidity of marriage may be
adjudged.
(Source: P.A. 80-923.)

(750 ILCS 5/409)
Sec. 409. Proof of Foreign Marriage.) A marriage which may have
been celebrated or had in any foreign state or country, may be proved by
the acknowledgment of the parties, their cohabitation, and other
circumstantial testimony.
(Source: P.A. 80-923.)

(750 ILCS 5/410)
Sec. 410. Process - Practice - Proceedings - Publication.) The
process, practice and proceedings under this Act shall be the same as in
other civil cases, except as otherwise provided by this Act, or by any
law or rule of court, and except that when the parties resided in a
municipality, in a county with a population under 2,000,000, at the time
the cause of action arose, and if service by publication is necessary,
publication shall be in a newspaper published in such municipality if
there is one.
(Source: P.A. 80-923.)

(750 ILCS 5/411)
Sec. 411. Commencement of Action.) (a) Actions for dissolution of
marriage or legal separation shall be commenced as in other civil cases
or, at the option of petitioner, by filing a praecipe for summons with
the clerk of the court and paying the regular filing fees, in which
latter case, a petition shall be filed within 6 months thereafter.
(b) When a praecipe for summons is filed without the petition, the
summons shall recite that petitioner has commenced suit for dissolution
of marriage or legal separation and shall require the respondent to file
his or her appearance not later than 30 days from the day the summons is
served and to plead to the petitioner's petition within 30 days from the
day the petition is filed.
Until a petition has been filed, the court, pursuant to subsections
(c) and (d) herein, may dismiss the suit, order the filing of a
petition, or grant leave to the respondent to file a petition in the
nature of a counter petition.
After the filing of the petition, the party filing the same shall,
within 2 days, serve a copy thereof upon the other party, in the manner
provided by rule of the Supreme Court for service of notices in other
civil cases.
(c) Unless a respondent voluntarily files an appearance, a praecipe
for summons filed without the petition shall be served on the respondent
not later than 30 days after its issuance, and upon failure to obtain
service upon the respondent within the 30 day period, or any extension
for good cause shown granted by the court, the court shall dismiss the
suit.
(d) An action for dissolution of marriage or legal separation
commenced by the filing a praecipe for summons without the petition
shall be dismissed unless a petition for dissolution of marriage or
legal separation has been filed within 6 months after the commencement
of the action.
(Source: P.A. 86-630.)

(750 ILCS 5/412)
Sec. 412. Filing of petition - Cases Requiring Service by
Publication.) In any case wherein the requisite affidavit for service by
publication has been filed to obtain jurisdiction as to the party
against whom a judgment of dissolution of marriage or of legal
separation or of declaration of invalidity of marriage is sought,
petitioner shall immediately, and without leave of court, file his or
her petition.
(Source: P.A. 81-231.)

(750 ILCS 5/413)
Sec. 413. Judgment.) (a) A judgment of dissolution of marriage or
of legal separation or of declaration of invalidity of marriage is final
when entered, subject to the right of appeal. An appeal from the
judgment of dissolution of marriage that does not challenge the finding
as to grounds does not delay the finality of that provision of the
judgment which dissolves the marriage, beyond the time for appealing
from that provision, and either of the parties may remarry pending
appeal. An order directing payment of money for support or maintenance
of the spouse or the minor child or children shall not be suspended or
the enforcement thereof stayed pending the appeal.
(b) The clerk of the court shall give notice of the entry of a
judgment of dissolution of marriage or legal separation or a declaration
of invalidity of marriage:
(1) if the marriage is registered in this State, to the county
clerk of the county where the marriage is registered, who shall enter
the fact of dissolution of marriage or legal separation or declaration
of invalidity of marriage in the marriage registry; and within 45 days
after the close of the month in which the judgment is entered, the clerk
shall forward the certificate to the Department of Public Health on a
form furnished by the Department; or
(2) if the marriage is registered in another jurisdiction, to the
appropriate official of that jurisdiction, with the request that he
enter the fact of dissolution of marriage or legal separation or
declaration of invalidity of marriage in the appropriate record.
(c) Upon request by a wife whose marriage is dissolved or declared
invalid, the court shall order her maiden name or a former name
restored.
(d) A judgment of dissolution of marriage or legal separation, if
made, shall be awarded to both of the parties, and shall provide that it
affects the status previously existing between the parties in the manner
adjudged.
(Source: P.A. 84-546.)


There is much more to be found here:
http://www.divorcecentral.com/states/laws/illinois.html

Good luck to you,

IAAL