The rising cost of home and rental prices has made it difficult or impossible for many couples whose relationship has broken down to separate and live in different residences. If neither you nor your spouse has the option of moving out, you are likely wondering if you can still get divorced in Illinois. If you have small children, you may also wonder if you can continue living in the same house as your spouse for the sake of your children while formally ending the relationship.  Fortunately, the answer is yes - as long as certain requirements are met. 

Is There a Mandatory Separation Period for Divorce in Illinois? 

Until recent changes in Illinois divorce law, couples had to give a reason for divorce, such as abandonment or adultery. They had to wait for at least six months, even if they agreed to the divorce and did not allege either spouse as at fault. 

Now, however, Illinois is considered a “pure no-fault” divorce state and couples can only list irreconcilable differences as a reason for divorce. If both spouses agree to get divorced, there is no mandatory waiting period, but if one spouse does not want to get divorced, couples must still live separate and apart for at least six months to prove that the marriage has irreconcilably broken down. 

To finalize a divorce, the court will set a decree that firmly outlines the terms of the divorce. These things can include who stays in the home, who gets the family heirlooms, and who gets the majority of parenting time with the children. It is illegal for a spouse to choose not to take part in their responsibilities outlined by the divorce order. If a partner decided they no longer wanted to pay child support, they would face legal consequences such as contempt charges. Similarly, it is illegal to prevent a spouse from being able to complete their responsibilities by preventing visitation with a child.

Visitation Rights and Your Illinois Parenting Plan 

Each parent is entitled to parenting time (previously called visitation) and parental responsibilities as outlined in the divorce order. Typically, parents can come to a mutual understanding regarding a schedule that works for both of the spouses. However, if one of the spouses is deliberately sabotaging visitation time, they can be held legally responsible for violating a court order. 

Preventing visitation time for another spouse may be different for everyone. Some common ways this can occur include:

Infidelity in a marriage can be one of the most painful experiences in a relationship. If your marraige ended because you or your spouse cheated, you may wonder how this will influence your divorce case. Illinois is considered a “no-fault” divorce state, meaning that cheating on your spouse doesn’t necessarily affect your ability to get a divorce. However, if you or your partner was unfaithful in your marriage, the outcome of your divorce may be impacted. 

What is Considered Cheating?

Spousal infidelity is classified in Illinois as:

• A person knowingly engaging in an extramarital, sexual affair with a partner that is not his or her spouse

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The experience of getting divorced has evolved considerably in the last few years. Although divorce is still not easy, Illinois’ laws have changed to reflect modern family arrangements and now consider both parents responsible for providing financial support and physical care for their children. Courts have also tried to move away from high-conflict divorce litigation and often require divorcing couples to seek alternative dispute resolution strategies. 

This has made it easier for parents to focus more on divorcing cooperatively rather than trying to best each other during divorce. As a result, many different professionals are now available to help divorcing couples pursue a peaceful strategy that minimizes hostility and places the needs of children first. Here are three divorce professionals who, in addition to a great divorce attorney, may be able to help you during your Kane County divorce. 

Divorce Coach

A divorce coach is someone who specializes in helping divorcing couples work through the legal, emotional, and logistical changes of the divorce process. A divorce coach can work with both spouses to help them set priorities, minimize conflict, and focus on the future. An effective divorce coach can help spouses save time and money by streamlining the divorce and keeping couples on task. 

The first batch of major holidays during or after your divorce can be tough. Children are still adjusting to all of the changes - a new home, perhaps a new school, less time with both parents, shifting schedules - and between helping the children and trying to manage your own emotions about the divorce, you likely have a lot on your plate. 

Relationship experts say that feeling a heightened sense of sadness around the holidays is normal following divorce. If you are about to experience the holidays as a single adult for the first time in many years, here are some suggestions from psychological professionals to help you adjust and heal during this challenging period. 

Allow Yourself to Grieve

Trying to convince yourself that everything is okay and that the holidays are not a difficult time may make you feel even worse. Surround yourself with supportive friends and family and give yourself the freedom to feel what you feel. Try to keep a positive perspective. This may be very difficult, but it will not last forever.