Ryan Family Law, P.C.
Ryan Family Law, P.C.

Elgin, Illinois

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Understanding the separation requirement in an Illinois divorce

Divorce takes an emotional toll on separating spouses, making them want to finish the proceedings and get the decree as soon as possible. However, divorce is a complex process that requires patience and compliance with the law.

Not only do parties have to prove the irreconcilable differences between them during the marriage, but they also have to comply with the separation requirement for filing for divorce.

Qualifying what “separation” means

Before Illinois courts hear and grant a divorce, state laws require divorcing parties to be separated for at least six months prior to filing the petition. Does “separation” mean the parties must have been living in separate households? Not necessarily. Separated parties, whether living in separate homes or within the same one during the required period, can file for a divorce.

Is the requirement absolute?

No. Parties pursuing a divorce can actually waive the separation requirement. The purpose of this condition is to allow spouses to work things out and explore the possibility of reconciliation. However, if the spouses agree that there is no longer a chance to reconcile the marriage despite the efforts, then they can agree to waive the separation requirement and file the petition for divorce immediately.

Gaining clarity through experienced guidance

Divorce involves legal concepts and requirements that may not come clear to nonlegal individuals. Seeking assistance from a knowledgeable divorce counsel can help explain any unclear concepts. Not only will you understand the process better, but you can also make informed decisions as necessary during the divorce proceedings.

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