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. LEGAL DISCLAIMER I am licensed to practice law in the State of Illinois and have an office in Kane County. My practice is focused in the areas of estate planning and probate administration. I am ethically required to state that the above answer does not create an attorney/client relationship. These responses should be considered general legal education and are intended to provide general information about the question asked. Frequently, the question does not include important facts that, if known, could significantly change the answer. Information provided on this site should not be used as a substitute for competent legal advice from a licensed attorney that practices in your state. The law changes frequently and varies from state to state. If I refer to your state's laws, you should not rely on what I say; I just did a quick Internet search and found something that looked relevant that I hoped you would find helpful. You should verify and confirm any information provided with an attorney licensed in your state. I hope you this answer helpful.
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.
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.
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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.
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. Paul M. Marriett is licensed to practice law in Illinois and Florida, and due to various changes in the law this message may not be up to date with current statutory requirements.
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