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The Process and Requirements of a No-Fault Divorce in Illinois

In many states across our great nation, procedures are in place which allows married couples to divorce on different grounds. In the past, one side would have to prove that their partner committed adultery, abandonment, or other criminal act against the marriage contract. As many divorces are not caused by heinous acts, it became necessary to create a process of divorce which does not require such a burden of proof. In Illinois there is a right for couples to have a no-fault divorce. But, there are certain requirements that need to be met in order to file for such a divorce.

The first is a residency requirement. When the time comes to file for a divorce in Illinois, one party must be able to prove they lived in Illinois for a period of at least 90 days. There is also a second requirement which is a period of separation that must be completed before filing any divorce paperwork. Illinois asks each side to maintain separate residences for two years. But, with court testimony, both parties can circumvent the separation period requirement, as long as they lived apart for at least six months.

At that time, one party can cite irreconcilable differences as the grounds for divorce. They must also state that these disparities do exist and that no reconciliation has fixed or will ever fix these problems. At that point, the divorce court will start to examine division of property and assets, child custody, and any spousal maintenance.

If you have been considering divorce as your only option, please reach out for guidance for your next steps. Divorce can be very tricky if you are not aware of the rules and regulations which guide it fairly in Illinois. Contact a dedicated family law attorney in Naperville to discuss the correct steps for you to take toward your goals.