Do We Have to be Separated Six Months Before We Can File for Divorce?

 
Answer: No. You can file even if you haven’t been separated for one minute. Illinois law does not require you to be separated before you can file for divorce. This is true no matter which of the eleven grounds is used.

If you opt to proceed on the ground of irreconcilable differences (no fault), you must establish that you have been separated for a certain length of time, but you don’t have to accrue all or any of the separation time before filing. You can accumulate the required time after you file and while you are waiting in the court system. The law allows you to count all continuous separation time up to the time of your trial whether it occurred before or after filing.

 
 

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We welcome hearing from you and we invite your questions. There is no obligation. No one will ever know that we spoke or what we discussed. Everything you say is privileged, confidential, and completely classified. We do not maintain a mailing list and will not contact you unless you ask us to.

Calling us is easy. Ask for Richard or Kari (Oak Brook 630-928-0600 or Chicago 312-235-0100), or email us at rk@illinoislegal.com or kc@illinoislegal.com.

If we are in court or in a meeting when you call, one of us will personally get back to you as quickly as possible. We are extremely discreet with callbacks and reply emails. Just leave your name and a secure email address or personal cell phone number.

Richard and Kari are staunch advocates of the non-court approach to divorce, and are also active and seasoned litigators with over 60 years of combined trial experience in the Illinois divorce courts of Cook, DuPage, and Will counties.

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