Divorce Requirements in Illinois

 Posted on November 24, 2014 in Family Law

When contemplating divorce, there are many issues to consider. Divorce impacts all aspects of a spouse’s life, including financially, emotionally, and otherwise. Before beginning such a complicated process, there are legal divorce requirements that must be met. In order to initiate divorce proceedings in Illinois, certain facts need to be proven.

Prior to filing for divorce, it is important to consult with an experienced DuPage County divorce attorney. Your lawyer will help you ensure that you can proceed with a divorce in Illinois, and help you through the process.

Residency Requirements for Divorce

One of the most important criteria that must be met before filing is the residency divorce requirement. Essentially, this means that both spouses must have been residents of Illinois for a certain period of time. When a spouse files for divorce in court, at least one of the spouses must have been an Illinois resident for at least three months at the time. This residency requirement is so essential because it establishes that the family court has jurisdiction over the case. With jurisdiction, the judge can issue orders in the case, including finalizing the divorce.

Living Separately and Apart

Most divorces in Illinois are filed on the grounds of “irreconcilable differences.” In other words, these divorces are not based on one spouse’s fault, such as adultery or cruelty. When filing for a no-fault divorce, the law requires a separation period in addition to the residency requirements. Both spouses must be living separately and apart for at least two years prior to filing for divorce. The spouses can agree to waive this divorce requirement if they choose so, if they have lived separately and apart for at least six continuous months before the final judgment of divorce is issued.

Unlike in some states, living separately and apart in Illinois does not necessarily mean that the spouses are residing in two different homes. Every divorce case is different, so it is important to make sure that you and your spouse meet these necessary divorce requirements before filing in family court. An experienced Illinois family law attorney can examine the circumstances on your case, and determine whether and when you can file for divorce.

Call Reputable DuPage Divorce Lawyer

Are you considering divorce in DuPage County? Do you have questions about the requirements of starting a divorce case? If so, contact the skilled and reputable DuPage County divorce lawyers at Martoccio & Martoccio today. Our attorneys understand the complex legal procedures of the divorce process. We will work closely with you, answering all of your questions and explaining your options along the way. Our lawyers serve clients throughout the DuPage County area. Call our firm today for a free initial consultation; same-day appointments are available now.