The State of Illinois has specific reasons as to why a couple can divorce. Even though since 1984 the “no-fault” divorce is an option, some can claim actual faults for the divorce. In that case, proof must be given to the claim. The eight reasons that can be filed are the following: (1) deserting spouse for one or more years; (2) adultery during marriage; (3) impotence at the time of the nuptials; (4) being married while getting married to another person; (5) attempt to murder spouse; (6) a conviction of a felony; (7) infecting spouse with a venereal disease; and finally, (8) habitual drunkenness or drug use for two or more years.
Habitual drunkenness is defined as “frequent and repeated intoxication by excessive indulgence in intoxicating liquor.” Whenever the desire to drink is there and it becomes a habit and something done without thought, it is considered habitual. It does not have to necessarily do harm physically, mentally, socially or economically. The power to control the intoxication is something the person cannot handle -- and it does not have to be done every day to be considered habitual. In order to make sure this claim can be used it obviously has to be real and confirmed in some manner. Generally speaking, habitual drunkenness is a ground for divorce in all of the United States.
If you have tried and tried to work with your spouse, get help and be supportive during the times of drunkenness but they do not want to stop, actions might need to happen to protect you and your children, if you have any. Contact an Illinois divorce attorney who will help you understand how to proceed. With the right lawyer, the process can be smooth and clearly manageable.