My Spouse and I are Still Living Together. Does This Mean We Cannot File for Divorce Under Irreconcilable Differences Because We Have Not Lived Separate and Apart?

DuPage County Divorce Lawyers Explain Newer Illinois Divorce Laws

If you are planning to end your marriage, you likely have many questions, and you may have heard rumors about what procedures will be followed during your case. Due to how divorce cases were handled in the past, you may believe that a waiting period is required or that you will have to separate from your spouse before your marriage can be dissolved. However, the laws have changed, and the divorce process is now more streamlined. By understanding the steps that will be followed, you can make sure you are prepared to complete your divorce successfully.

Under traditional Illinois law, spouses were required to have a basis or "grounds" for divorce. As of January 1, 2016, the state has moved to eliminate what are called "fault-based grounds." The law has also eliminated any requirement for spouses to live apart or separate for a certain period of time before they can finalize their divorce. At Mirabella, Kincaid, Frederick & Mirabella, LLC, our team is here to help explain the differences in the law and how this may affect your situation.

Grounds for Divorce and Waiting Periods

Before 2016, Illinois was a state that accepted both fault grounds and no-fault grounds for divorce. A fault ground could have included adultery, extreme and repeated mental or physical cruelty, or habitual drunkenness. The law also required spouses to wait a period of time in which they would live apart or separate before their divorce could be completed. These are dated concepts that couples do not have to worry about any longer. Under the previous grounds for divorce, one of the spouses may have been found to be "innocent," and the other spouse may have been at fault for the divorce. Now, either spouse can file for divorce, and no single person is considered at fault for the end of the marriage. With the state now following a no-fault divorce policy, all divorces will be filed citing "irreconcilable differences." This term means that when a marriage has reached a point where it can no longer be repaired, it may be ended. The elimination of the waiting period has also allowed divorces to be completed more quickly. Once all outstanding issues in a case have been resolved, the divorce can be finalized. That is, after you and your spouse have reached agreements on issues related to the division of marital property, child custody, child support, spousal support, or any other concerns related to the end of your marriage, you can attend a hearing where your divorce settlement will be reviewed by a judge, and a divorce decree will be issued, legally dissolving your marriage.

Contact Our DuPage County Divorce Lawyers

If you need clarification on any of the laws related to divorce, please contact us to set up an appointment with a skilled attorney at Mirabella, Kincaid, Frederick & Mirabella, LLC. Our offices are in Wheaton and St. Charles, where we have been assisting clients in family law, divorce, and various other areas for decades. We have clients come from all over DuPage, Kane, and Kendall Counties for legal assistance. Call us at 630-665-7300 for help with your situation today.