Legal Question in Family Law in Illinois
I am having marital problems. I want to go stay with my father for a few days or a week to clear my head. Can my husband claim I abandoned him? Would he be able to use that against me in some way if we divorce?
1 Answer from Attorneys
No. Abandonment is a long-term thing, over one year, not where you are away for a few days or a week here or there. Abandonment is one cause for a divorce, as are adultery, mental cruelty, and so on. Illinois law defines abandonment as "willfully deserted or absented himself or herself from the petitioner for the space of one year..." (750 ILCS 5/501). In Illinois you can divorced without cause, just by pleading "irreconcilable differences" (i.e. "no fault" divorce).
Even if he did plead a cause for the divorce, he needs evidence to support that claim. Finally, even if someone could prove fault on the part of the other spouse, that does not improve their property settlement or the outcome of the case with respect to parenting in any way. Fault does not enter into the Court's analysis. Hope this helps. Take some time away and rest easy.