Understanding Illinois Divorce Separation Requirements
Deciding to file for divorce is difficult, but once you’ve made the decision, chances are you’re ready to move on with your life.
Unfortunately, it isn’t quite that simple under Illinois divorce law.
When clients approach us for legal help with their divorce, they often want to know how long they must be separated from their spouse before they can formally file.
While that’s an important thing to consider, there are a few different criteria that you must meet before filing for divorce. From our experienced Illinois divorce attorneys at Diamond Legal, here’s a look at the requirements, as well as what to do if you want to move out of the state after your divorce.
How Long Do You Have to Be Separated in Illinois to Get a Divorce?
In Illinois, there is a mandatory waiting period of at least six months before your divorce can be finalized. This means that you and your spouse must have lived separate and apart for at least six months before the court will grant your divorce.
But what does “living separate and apart” mean? And why is there such a requirement in the first place?
Living separate and apart means that you are no longer living under the same roof as your spouse. This can either mean physically separating by moving to different residences or living separately within the same home (e.g. sleeping in separate rooms).
The key factor is that you are not living as husband and wife. This requirement is in place to give couples time to reflect on their decision and potentially reconcile before the divorce becomes final.
Exceptions to the Waiting Period
While six months is the standard waiting period for divorce in Illinois, there are some exceptions that could allow for a shorter waiting period or even waive it altogether. These exceptions include:
- Both spouses agree to waive the waiting period: If both parties agree to waive the six-month waiting period, they can move forward with the divorce immediately. This typically only happens when both parties are in agreement on all aspects of the divorce, such as child custody, support, and division of assets.
- Fault grounds for divorce: In cases where one spouse has committed fault-based grounds for divorce, such as adultery or physical abuse, the waiting period may be waived if the court finds that the spouse seeking a divorce will suffer harm if they have to continue living with their partner.
- Living separate and apart for two years: If you and your spouse have already been living separately for at least two years before filing for divorce, the waiting period may also be waived.
Other Criteria for Filing for Divorce in Illinois
Aside from the waiting period, there are other criteria that must be met before filing for divorce in Illinois. These include:
- Residency requirements: At least one spouse must have lived in Illinois for at least 90 days before filing for divorce.
- Grounds for divorce: Illinois is a no-fault divorce state meaning you do not need to prove any sort of reason for the divorce if you’ve met the other criteria. Your only grounds for divorce within the state is that you have “irreconcilable differences.” The allegation of irreconcilable differences is generally written in divorce documents as follows: “Irreconcilable differences have caused the irretrievable breakdown of the marriage and efforts at reconciliation have failed and future attempts at reconciliation would be impracticable and not in the best interests of all concerned parties.”
- Property Division: Illinois is an equitable distribution state, meaning that any property acquired during the marriage will be divided fairly but not necessarily equally between the spouses.
Considerations When Evaluating a Divorce
Once a couple has lived together and built joint finances, adjusting your lifestyle for a divorce can be difficult. With time, the change is often good for couples who are struggling to get along or don’t see eye to eye.
There are a variety of considerations you should keep in mind if you’re deciding whether or not a divorce is right for you, such as:
- Your annual income compared with your spouse’s annual income. Create a budget to ensure you can live on your own confidently if you leave your spouse.
- If you have children, evaluate whether or not you’re comfortable moving to a shared custody situation. In most cases, the courts will strive to find a custody balance between you and your ex-spouse. Parenting time can be a hotly debated topic, but the courts will try to arrive at a situation that is fair to all parties and in the best interests of the children. Be prepared to share parenting time of your children with your ex.
- Without a prenuptial agreement, you’ll need to divide your assets between you and your spouse. This can include a business. It is important to distinguish between what assets are non-marital and what assets are marital.
- In your division of assets conversations during divorce, there are many options for how to divide a home or other property. One way is selling the home and splitting the proceeds with your ex-spouse. It’s crucial that you hire a divorce attorney if keeping your home is important to you.
While these should be taken into account when you are considering a divorce, know that a skilled attorney can work with you to set your priorities and ensure you get the assets and results you want from your divorce proceedings.
How to Move Out of State After Your Divorce
If you are planning to move out of state after your divorce, there are a few things you should keep in mind:
- Make sure your divorce agreement or judgment allows for relocation. If not, you may need to go back to court to request permission.
- Consider how moving will affect any child custody arrangements and parenting time schedules. You may need to make modifications or come up with a new arrangement with your ex-spouse.
- Inform your attorney and court of your new address so they can continue to communicate with you regarding any post-divorce matters.
- Update your personal records, including your driver’s license, car registration, and voter registration with your new address.
- Notify any creditors or insurance companies of your change in address.
- Seek legal advice from an attorney familiar with the Illinois divorce laws to ensure you are following all necessary procedures and requirements for moving out of state.
It is important to follow all necessary steps when moving out of state after a divorce in order to avoid potential legal issues or complications. If you have any questions or concerns, it is always best to consult with a knowledgeable attorney who can guide you through the process and ensure everything is done correctly.
Hiring a McHenry, Illinois divorce attorney
Even divorces that seem simple on the surface can have complications. The best way to ensure a quick and simple divorce process is to hire an Illinois divorce attorney. Your attorney will review your situation, your assets and all information related to your divorce case to create a plan of action that ensures you keep the way of life that’s important to you.
Diamond Legal offers a team of experienced divorce attorneys that will guide you through your divorce. Contact us to learn more about our services.
DISCLAIMER: Any information contained herein is solely for informational purposes and is only applicable in the state of Illinois. While it is important that you educate yourself, nothing herein should be construed as legal advice or create an attorney-client relationship. For specific questions, we urge you to contact a local attorney for advice pertaining to your specific legal needs.