How Long Do You Have To Be Separated In Illinois To Get A Divorce?
Hey, what's up everyone? Bobby Buchanan, divorce attorney here in Chicago. This is Illinois divorce TV and today's video we're talking about how long do you have to be separated in Illinois in order to get a divorce. Short answer is that you don't need to be separated at all. If you and your spouse agree that there are irreconcilable differences, so if you are having a divorce or getting a divorce and there is cooperation between you and your spouse and you're both signing the same, signing the documents to get divorced and you're really not fighting over anything, then there's a good chance that your spouse is going to agree or there's a great chance that they'll agree that there's irreconcilable differences, in which case you do not need to have a separation period. What the law says is that if you are separated for a period of greater than six months, there is an iRobot bubble presumption of irreconcilable differences.
That's lawyer speak for. If you're separated for more than six months, then you have met the requirements of irreconcilable differences in your spouse. Can't come to court and say no there. There is a reconcilable differences and this divorce shouldn't be able to proceed. It doesn't work like that in Illinois anymore. Um, it's very simple to prove grounds for a divorce. There really are no grounds. You don't have to prove adultery or mental or physical cruelty or any of those things you used to at this point you only have to prove that there's irreconcilable differences in the way that you prove that is by just telling the court there are irreconcilable differences. As long as your spouse agrees that there are, there is no separation requirement. If your spouse is not agreeing, then there would have to be at least six months of separation. This, the separation issue rarely at all becomes an issue in a divorce that holds it up.
So I wouldn't worry about that if you think that that is something that might be holding it up when thinking about whether to separate there other considerations to make a specifically if you have children, figuring out exactly what's going to happen to the kids when you separate so that you don't jeopardize your custody case, um, by, by doing something. Um, that would make the court think that you're don't want to be as involved as you might want to be with the kids. I hope that's clarified things a bit. Let me know in the comments. If you have any comments, let me know in the comments. If you have any questions or concerns or you want to continue the conversation, be happy to do it down below. I'll talk to you soon. Don't forget to subscribe. See you on the next video.