Is There a Mandatory Separation Period in Illinois Divorce?

 Posted on August 13, 2023 in Divorce

Getting a divorce is an experience no one wants to go through. Yet each day, couples across Illinois decide to end their marriage and thus begin the less-than-pleasant process of getting divorced. Each state in the United States has its own set of laws governing divorce proceedings, and these laws can vary significantly. In Illinois, couples seeking a divorce may wonder if there is a mandatory separation period. 

If you have decided to begin the process of dissolving your marriage, contact an Illinois divorce lawyer to obtain the legal representation you need to ensure the divorce settlement you pursue can be one that favors you and your interests.

Understanding No-Fault Divorce

Illinois is among the states that have adopted a “no-fault” divorce system. Under this system, a spouse seeking a divorce is not required to prove their spouse took part in any wrongful conduct during their marriage that led to the disintegration of the marriage. Classic reasons for divorce, such as infidelity or abandonment, are considered non-relevant as a reason for getting a divorce. Instead, irreconcilable differences - which means the relationship has broken down to the point of no return - are the only grounds for divorce.

No Mandatory Separation Period 

Unlike some states, Illinois does not have a mandatory separation period before filing for divorce. This means that couples in Illinois can initiate divorce proceedings immediately without having to live separately or apart for a certain period as long as both spouses agree to get divorced. The absence of a mandatory separation period allows couples to begin the legal process as soon as they feel their marriage is irreparable, saving time and potential emotional strain. 

There is an exception to this, however. If one spouse wants to get divorced but the other spouse does not, there is a mandatory waiting period of six months from the date the first spouse files for divorce. This makes sure both spouses have enough time to consider the consequences of ending their relationship and that one spouse is not making a hasty decision. 

How Long Does Getting Divorced Take? 

While there is no mandatory separation period in Illinois, it is essential to understand the steps involved in the divorce process. One of the parties must file a divorce petition to initiate a divorce. After filing, the other spouse must be given sufficient notice and an opportunity to respond. The duration of the divorce process can vary depending on individual circumstances, including how long it takes to decide issues related to spousal support and other divorce-related matters. As with all Illinois divorces, seeking legal counsel from an experienced attorney is highly advisable as you prepare to advance through the divorce process.

Contact a DuPage County Divorce Attorney 

For the foremost legal professionals in Illinois divorce, contact the skilled Wheaton divorce lawyers with The Stogsdill Law Firm, P.C.. Call 630-462-9500 for a private consultation. 

Source - https://www.ilga.gov/legislation/ilcs/ilcs4.asp?ActID=2086&ChapterID=59&SeqStart=3700000&SeqEnd=5200000