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.
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