How Long Do You Have to Be Separated in Illinois to Get a Divorce?

If you and your spouse have made the difficult decision to get a divorce, chances are that you want to get this painful experience over with as soon as possible. Unfortunately, the state of Illinois requires a minimum of a six-month trial separation period before getting a divorce. The exact terms and the length of the separations are to be determined by the court, and a judge will ultimately decide if you will be granted a divorce.

In order to file for divorce in Illinois, you must have resided in the state for at least 90 days. If there is a child involved, that child must have lived in the state for at least six months. The first thing you will do is fill out papers with the court and go before a judge. Unless you get a simplified divorce, your separation will be in the form of a court order. According to state law, you and your spouse must live apart for the duration of a legal separation.

No-Fault Divorce

Even when a divorce is uncontested, it takes some time for all the paperwork to go through. A no-contest divorce takes place when you and your spouse agree about issues like how you will divide your property, child custody, and alimony. There are a few different categories of no contest divorces. The type of divorce you get will be based on the length of the union, community property, and the existence of children.

If a couple has been married for less than eight years, does not own any significant assets, and has no children, they may qualify for a Joint Simplified Divorce. The divorcing couple must have lived apart for at least six months, but they do not have to have been legally separated.

Neither party can own property and they must not have a combined income of over $60,000.

A Joint Simplified Divorce can be obtained by filling out paperwork and making one court appearance.

If you do not meet the requirements for a simplified divorce but agree on the terms of the dissolution, you will file for a no contest divorce. If there are children involved, a judge will decide it the dissolution of the marriage is in the best interest of the children. You and your spouse must write a childcare proposal and attended parenting classes. In this case, there will be a mandated legal separation of at least six months.

Contested Divorces

A contested divorce takes place when one party does not want to end the marriage or when the couple does not agree on the terms. In this situation, one party will sue the other party for divorce. The party being sued will have thirty days to decide if they want to contest the divorce in court. If the divorce is contested, the court will normally order a trial separation and set temporary terms for spousal support and child custody.

What Constitutes Legal Separation?

In the state of Illinois, a legal separation is handled by order of the court. If a couple agrees on the terms of the separation, such as child custody, family counseling, and financial support, a judge must approve of the arrangement. If a couple cannot agree to the terms of the separation, a judge may decide the terms.

The Cost of Legal Separation

Between the cost of filing paperwork and maintaining separate residences, divorcing is very expensive. The wrong judge can make divorce take a long time and finding a good divorce attorney in Schaumburg, IL is critical to making things go smoothly. Divorce Lawyer Robert S. Thomas has a keen understanding of the law and a solid reputation with the courts. He can make sure your divorce is handled quickly and fairly. Call his office today for a free consultation.

How Legal Representation Can Help

Authoritative Sources

http://www.illinoiscourts.gov/Forms/approved/divorce/Divorce_No_Children_How_To_Approved.pdf

https://www.thisisinsider.com/us-divorce-laws-2019-2