How long to do people have to be separated to get a divorce in illinois

Asked about 1 year ago - Rock Island, IL

my husband and me need to ge a divorce and we don't have any problems between us so how long deosn't to take to get a divorce in illinois and what are the steps that we have to take

Attorney answers (6)

  1. Gary L. Schlesinger

    Contributor Level 20

    6

    Lawyers agree

    Answered . one of you has to file a petition to dissolve the marriage. that starts it. the other either gets handed a summons or files an appearance. you have to have had no sexual relations for six months before the court date,.

    settle the case.

    do a judgment for dissolution of marriage that says what the settlement is.

    set a court date.

    go to court to testify.

    or hire a lawyer to do it for you.

  2. Judy A. Goldstein

    Contributor Level 20

    4

    Lawyers agree

    Answered . I respectfully disagree with my colleagues. There is no time limit to be separated if you allege grounds which do not require separation. Many parties get divorced while still living in the same household. If you wish to file alleging irreconcilable difference, there is a 2 year separation period which can be reduced to 6 months by stipulation but there are other grounds such as mental cruelty which do not require any separation.

    The amount of time it takes to get divorced cannot be determined. It is up to the parties and how well they work together. Divorce can be quick or slow depending upon cooperation and the nature of the marital estate. Some counties do have a 30 day or other minimum requirement from the time the Respondent files his/her appearance to the time the case is finalized. Other counties have no such requirement. My personal record is 6 days.

  3. J. Richard Kulerski

    Contributor Level 20

    3

    Lawyers agree

    Answered . Separation is not necessary for most of Illinois' grounds for divorce.

  4. Judith Anne Schening

    Contributor Level 14

    1

    Lawyer agrees

    Answered . You must be living separately for at least 2 years, unless you are both willing to sign an affidavit waiving the 2-year period AND you have been separated for at least six months. Living separately does not necessarily mean living under separate roofs, but it does mean that you have not been living as husband and wife for that period of time.

    ***Please be sure to mark if you find the answer "helpful" or a "best" answer. Thank you! I hope this helps.... more
  5. Paul Matthew Marriett

    Pro

    Contributor Level 11

    1

    Lawyer agrees

    Answered . The fastest I've had one go through in Rock Island County has been about 20 days. We prepare a petition in conjunction with a joint parenting agreement (if there are minor kids involved of the marriage), come up with a marital settlement agreement explaining how the marital assets will be divided, submit both of your financial affidavits, a child custody affidavit, a waiver of the two year requirement (if we're using irreconcilable differences), a waiver and consent form for an immediate hearing, and maybe a few other documents depending on the complexity of your specific case.

    This message does not constitute legal advice, nor does it form the basis for an attorney client relationship.... more
  6. David Alexander Browde

    Pro

    Contributor Level 20

    2

    Lawyers agree

    Answered . If you wait for the separation period to run you may wait longer than you have to. Consult a local attorney and discuss other alternatives for grounds.

    Under the rules governing the conduct of attorneys in New York it may be necessary to remind you that this answer... more

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Divorce

Divorce is the process of formally ending a marriage. Divorces may be jointly agreed upon, resolved by negotiation, or decided in court.

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