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, 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.
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.
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.
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.
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