Mandatory Separation Periods in Chicago Divorce Cases: Is There One and Will I Have to Wait?

Many Chicago couples begin the divorce process with the same question: Do we have to be separated for a certain amount of time before we can actually get divorced? Indeed, you may have heard friends talk about a “waiting period” or a “cooling off” period, or you may have seen references to separation requirements in other states. As such, it is natural to question whether similar timing requirements apply in Chicago divorce cases under Illinois divorce laws. To help individuals who have this pressing question better understand the Chicago divorce process, we discuss whether a “cooling off” period is required in a Chicago divorce here.

No Mandatory Waiting Period Under Illinois Divorce Law

Simply put, Illinois is a no-fault divorce state, and Illinois divorce laws do not require every couple to wait a set amount of time before filing or finalizing a divorce in Chicago. Under the Illinois divorce laws, the only ground for divorce is called “irreconcilable differences.” This means you do not have to prove fault, such as domestic violence, drug use, abandonment, or any other reason for divorce, and you do not have to wait months or years before filing. There is also no automatic mandatory separation period for couples who agree the marriage is over. If a divorce is uncontested by the soon-to-be ex-spouses, they can file for divorce once certain requirements are met and move forward without having to live apart for a particular length of time.

The Six-Month Presumption in Illinois Law

It is important for individuals in Chicago who are considering divorce to understand that they may be confusing the six-month presumption in Chicago divorce cases with a mandatory “cooling off” period. As the Illinois State Bar Association notes with regard to contested divorces, “The spouses are required to either be separated for six months in separate households or within the same household during the time of the breakdown of the marriage, or to assert there is a breakdown in the marriage, but all efforts at reconciliation have failed, and that future attempts to reconcile would not be ‘in the best interest of the family.’” This guidance tracks Illinois divorce laws that establish that “If the parties live separate and apart for a continuous period of not less than 6 months immediately preceding the entry of the judgment dissolving the marriage, there is an irrebuttable presumption that the requirement of irreconcilable differences has been met.”

Getting Legal Help with Your Divorce Case in Chicago

There is no question that the Chicago divorce process can be challenging and confusing for many individuals in Chicago. This is where an experienced Chicago divorce lawyer can come in to help you. An experienced Chicago divorce lawyer can help explain the ins-and-outs of Illinois divorce laws, and can help you better understand your rights and options in your Chicago divorce case, and the filing requirements and timelines associated with your case. If you are in the Chicago area and you need legal help with your Chicago divorce case, contact the experienced Chicago divorce lawyers at Arnoux Sharma Standeford, LLC. Contact Arnoux Sharma Standeford, LLC today and speak with a lawyer about your case now.

Source:

ilga.gov/documents/legislation/ilcs/documents/075000050K401.htm