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How long must I wait to get divorced in Illinois? How short is the waiting period to get divorced in Illinois?
Changes to the Law As it Now Reads
Sec. 401. Dissolution of marriage.
(a) The court shall enter a judgment of dissolution of marriage when if at the time the action was commenced one of the spouses was a resident of this State or was stationed in this State while a member of the armed services, and the residence or military presence had been maintained for 90 days next preceding the commencement of the action or the making of the finding:
Irreconcilable differences have caused the irretrievable breakdown of the marriage and the court determines that efforts at reconciliation have failed or that future attempts at reconciliation would be impracticable and not in the best interests of the family.
a-5) If the parties live separate and apart for a continuous period of not less than 6 months immediately preceding the entry of the judgment dissolving the marriage, there is an irrebuttable presumption that the requirement of irreconcilable differences has been met.
A Word to the Wise: Do Not Try to Go it Alone
If you are trying to get a divorce as quickly as possible, our skilled Hinsdale divorce attorneys at Martoccio & Martoccio have had years of experience in the Illinois divorce process getting cases through the court system as quickly as possible, and if it is not our client's best interest to delay a case to try to save the marriage.
We have litigated cases including through the Illinois Appellate Court in contested grounds cases for divorce and legal separation. [See Stenson v. Stenson, 45 Ill. App.3d 249 (Ill. App. Ct. 1977), Appellate Court of Illinois, First District. First Division. Judgment affirmed. https://casetext.com/case/stenson-v-stenson]
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