Marriage vows may include promises to stay together until death, but in Illinois you don't have to wait that long. All divorces in Illinois do have some timing requirements though. The divorce process in Illinois requires that you or your spouse have resided in the state for at least 90 days prior to commencing divorce proceedings.
There is also a "separate and apart" waiting period intended to allow the parties to cool down and reconsider the decision to divorce. In Illinois this is a period of six months, though parties can waive this waiting period by written agreement.
Illinois No-Fault Divorces
Illinois has long had an "irreconcilable differences" ground for divorce that functioned effectively like a no-fault divorce. Until recently, there were 10 other grounds for divorce available. However, in January of 2016 the state made a remarkable decision to eliminate all fault-based grounds for divorce, leaving irreconcilable differences as the sole remaining basis for divorce.
There is still a significant difference between divorces in which the couple are in agreement about the terms of a split and divorces where the parties disagree about issues such as child support, alimony, or the division of property.
The following chart lists the requirements for the Illinois simplified joint dissolution process:
Illinois Statutes, Chapter 750, Families § 5/452
|Requirements for Joint Simplified Dissolution||
Note: State laws are always subject to change through the passage of new legislation, rulings in the higher courts (including federal decisions), ballot initiatives, and other means. While we strive to provide the most current information available, please consult an attorney or conduct your own legal research to verify the state law(s) you are researching.
Let an Attorney Guide You Through the Illinois Divorce Process
The Illinois divorce process may be simpler than ever, but that doesn't mean you shouldn't consider professional assistance. Even an uncontested divorce can raise issues that turn into trouble and a qualified professional can help spot issues before they turn into major problems down the road. Get started today by speaking with an Illinois divorce attorney.
Contact a qualified attorney.