Divorce is a complex process and it is not uncommon for the people going through it to have a lot of questions. It is essential to get an answer to these so that you fully understand the divorce process and ensure your rights are protected. Below are some of the most frequently asked questions about divorce and family law in Illinois.
How Long is the Separation Period in Illinois?
Illinois does not have a mandatory separation period. If you or your spouse does not agree to the divorce, you may have to live separately and apart from them for six months. After that time, the court will assume that there are irreconcilable differences. You do not have to physically separate from your spouse, but you must live independently of them. If you and your spouse do agree to the divorce, you can divorce immediately.
Can We Settle the Divorce Out of Court?
Many divorce cases do settle before they go to trial. If you and your spouse can agree to all terms, you do not have to proceed to trial. However, you will still have to appear in court at least once so a judge can approve the final terms of the divorce. While you and your spouse both have a right to be at the final divorce hearing, but only one of you is required to appear.
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