Follow our firm on:

Free consultation:

847-255-9925

Menu
Search

Schaumburg Divorce Attorney

Schaumburg Divorce Attorney

In 2016, Illinois joined the majority of states in the country by instituting a no-fault divorce policy. Unlike in prior decades, when divorcing spouses were required to provide evidence of adultery, substance abuse, or mental cruelty in order to obtain a divorce, divorcing couples need now only cite irreconcilable differences in order to dissolve a marriage. While this has made the process of obtaining a divorce a much less harrowing experience, it remains a difficult process, so if you are considering divorce, it is important to retain an experienced Schaumburg divorce attorney who can advise you of your legal rights.

Irreconcilable Differences

Irreconcilable differences, although established as a legitimate grounds for divorce in 1984, was only made the sole grounds for dissolving marriage three years ago. Since that change, divorcing couples have only been required to demonstrate that irreconcilable differences have led to the irretrievable breakdown of their marriage in order to obtain a divorce. In establishing this, couples must be able to convince a court that efforts at reconciliation have either failed or would be impracticable and not in the best interests of the couple’s family.

Living Separate and Apart

In prior decades, divorcing spouses were also required to provide evidence of a two-year separation, which could be reduced to six months if the other spouse consented to waive the two-year requirement. Now, however, a couple can demonstrate irreconcilable differences by showing that they have lived separate and apart for a continuous period of at least six months.

It is also worth noting that when it comes to the six-month separation requirement that the six months it actually measured up to the date of the divorce judgment, not the date of filing. Furthermore, a number of cases have established that being separated does not require a couple to live apart. Instead, demonstrating separate lives is enough to satisfy this requirement, which could involve providing evidence of separate finances, separate bedrooms, or an attempt to lead more separate lives.

Proving a six-month separation creates a presumption (that cannot be rebutted), that the requirement of irreconcilable differences has been met. Fortunately, proving irreconcilable differences without a six-month separation is possible, although it can be more difficult.

Residency Requirement

Before a couple can file for divorce in Illinois, at least one of the parties must be able to prove that he or she has resided in the state for at least 90 days. However, like the six-month separation requirement, this span of time is measured up to the date of the divorce judgment, not from the date that the couple actually filed for divorce. This method of calculation usually makes satisfying this requirement a relatively simple endeavor. Finally, couples who divorce in Illinois are also technically supposed to file in the county where one of the spouses lives. However, if neither party objects, a divorce can usually be filed in any county that the parties choose.

Contact Our Schaumburg Divorce Attorneys Today

For help ensuring that your divorce is resolved as quickly and smoothly as possible, please call one of the dedicated Schaumburg divorce attorneys at the SAM LAW OFFICE LLC. You can reach a member of our legal team by calling 847-255-9925 today or by completing and submitting one of our brief online contact forms.

Providing Law Solutions In An Equitable & Cost-Effective Manner

Contact sam law office llc

Need Our Help? Get Your Free Consultation!

  • Office Location: 3601 Algonquin Road Suite 325 Rolling Meadows, Illinois 60008
  • Phone Number: 847-255-9925
  • Fax Number: 847-348-9454

Attorney Advertising. This information is designed for general information only. The information presented should not be construed to be formal legal advice nor the formation of a lawyer/client relationship. Past results and testimonials are not a guarantee, warranty, or prediction of the outcome of your case, and should not be construed as such. Past results cannot guarantee future performance. Any result in a single case is not meant to create an expectation of similar results in future matters because each case involves many different factors, therefore, results will differ on a case-by-case basis. By providing certain contact information herein, you are expressly authorizing the recipient of this message to contact you via the methods of communication provided.

NUVEW | Copyright 2019. All Rights Reserved