What is the Mandatory Waiting Period for Divorce in Kane County?

 Posted on February 03, 2022 in Divorce

If you have decided to end your marriage, you may be interested in learning the next steps. Divorce laws vary from state to state and change over time. You may have heard that there is a mandatory waiting period to get divorced in Illinois. Perhaps a well-intentioned friend or family member explained to you that you have to be separated a certain amount of time before you can file for divorce or you read this information on a non-state-specific website.

In 2022, there is not a mandatory waiting period for divorce in Illinois. However, there are situations in which a separation period is needed to prove that the grounds for divorce have been met. Read on to learn more.

Illinois Separation Period Before Divorce

Once a couple has decided to divorce, they usually want the process to start sooner rather than later. If you are eager to get divorced and move on with your life, you may be pleased to learn that Illinois does not have a mandatory waiting period. That being said, one or both spouses must have lived in Illinois for at least 90 days in order to get divorced in Illinois. So, if you recently moved to the state, you may need to wait 90 days to qualify for divorce.

Illinois no longer recognizes fault-based grounds for divorce like adultery. The only “grounds” or legal reasons for getting divorced are “irreconcilable differences.” If both spouses agree that irreconcilable differences have led to the marriage’s irreversible breakdown, you can file for divorce immediately. If one spouse disagrees that there are irreconcilable differences and contests the divorce, you can prove that there are irreconcilable differences by living separately and apart for six months. Living apart for six months is considered sufficient evidence that the marriage is broken down.

If you want to get divorced and your spouse is trying to prevent the divorce, you may worry about your ability to move out and begin the six-month separation period. After all, many people are experiencing financial hardship right now and they may not be able to afford a second home. Fortunately, Illinois case law has demonstrated that a couple may be considered living separately and apart even if they are in the same home. If the couple is not sharing a bed, having marital relations, or acting like a married couple, the court will likely consider this as living apart for the purposes of meeting the “irreconcilable differences” criteria.

Contact a Kane County Divorce Lawyer

The St. Charles divorce lawyers at Goostree Law Group are equipped to handle both contested and uncontested divorce cases. We can provide the legal guidance and help you need. Call 630-584-4800 for a free consultation.

Source:

https://www.natlawreview.com/article/what-qualifies-living-separate-and-apart-chicago-divorce