A common question I encounter in family law is, “How long do you have to be separated to get a divorce in Illinois?” Here’s what you need to know.
Illinois law doesn’t require a specific duration of physical separation as a prerequisite for divorce. However, the state recognizes “irreconcilable differences” as grounds for divorce. This means that if you and your spouse have been living separate and apart for a continuous period of six months, you can file for divorce based on these differences.
The key is demonstrating that the marriage has irretrievably broken down due to these differences, making it unlikely for reconciliation. The six-month separation period provides a legal basis for your divorce proceedings.
It’s essential to note that the six-month separation doesn’t necessarily mean living in separate residences. You can be considered “living separate and apart” while still under the same roof, provided you no longer cohabitate as a married couple.
Every divorce case is unique, and legal complexities can arise. If you’re considering divorce, consult with a family law attorney to ensure your rights are protected and your specific situation is addressed appropriately.
Understanding the legal requirements is the first step in your divorce journey.
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