Some states require you and your spouse to be separated for a certain amount of time before you actually get a divorce. The justification is usually that it can prevent people from rushing into this big decision. Illinois also has rules about how long you have to be separated, but there are exceptions. A Peoria divorce lawyer from our firm can let you know when you’ll be able to file for divorce and get this process started.
Does a Couple Have to Be Separated for a Specific Amount of Time Before Divorcing?
When a couple decided to get divorced, they need to show that they have “grounds” for divorce. In Illinois, that means that they just need to show that they have irreconcilable differences. This is a “no-fault” divorce. Couples don’t need to show that there is a specific reason for the marriage ending, like abuse or infidelity.
Some states require you to stay separated for a certain amount of time in order to show that the marriage has broken down and that there is no hope of fixing things. Illinois does not, as long as both spouses agree to the divorce. A complication can emerge when one spouse does not want to get divorced. In that case, one spouse can file for divorce but the case will not proceed for six months. This waiting period can be waived if the other spouse eventually agrees to get divorced.
Which Issues Need to Be Settled After My Spouse and I Have Separated?
Once you have agreed to a divorce and the proper paperwork has been filed, that’s really just the beginning. Now you and your spouse, with the help of your respective attorneys, need to work together to figure out how to handle some important issues. You need to come to an agreement on things like:
- Property division
- Child custody and visitation
- Child support
- Alimony
- How debts and liabilities are split up
How Long Will a Divorce Take?
A divorce can take a while, even when there aren’t a lot of assets to sort through or children to consider. An uncontested divorce where you and your spouse agree on everything and no unexpected complications come up may take just a few months to complete. A divorce where you and your spouse have to work through important matters like alimony and child custody can take well over a year. The use of different conflict methods like mediation can affect how long the process takes.
Contact Our Law Firm
So if you are ready to file for divorce and you have questions about waiting periods or how the process works, contact Butler, Giraudo & Meister, P.C. We can schedule a consultation and tell you more about what you should expect and what you’ll need to get divorce.
