After making the difficult decision to divorce, most people would like the entire process to be over with as soon as possible. Unfortunately, divorce is not an automatic process and in Illinois, there are two different waiting periods couples must be aware of. Individuals that wish to file for divorce must have lived in the state for a certain period of time, and then comply with the mandatory waiting period.

The Residential Requirement

The legal statute governing divorce in Illinois states that the couple must live in the state for 90 days prior to filing. In many cases, this is not an issue but there are instances in which this waiting period may present an issue. For example, if the couple has physically separated and one spouse has been living in Texas for some time, they may want to file in that state instead, particularly if laws on the terms of divorce, such as property division laws, would favor them in a different state. In this situation, it is crucial to speak to a lawyer that can help you determine where the case should be heard.

The Separation Requirement

Historically in Illinois, the couple had to separate for two years before a divorce, if a spouse filed under the no-fault divorce laws at the time. If the filing spouse had alleged fault on the part of their spouse, such as mental cruelty, that waiting period could be reduced to six months. Illinois has not operated under these laws for a long time.