What is the Waiting Period for Divorce in Illinois?

 Posted on May 03, 2022 in Divorce

By the time an individual or couple decides to get divorced, the relationship has often been over for quite a long time. The decision to get divorced can, therefore, feel like it has a sense of urgency and even couples who are still on good terms usually want to get the process over and done with as soon as possible. If you are a resident of Illinois seeking divorce, you likely have some questions. Is there a waiting period before divorce? And what does the divorce process look like? Read on to find out - then contact a knowledgeable Illinois divorce lawyer to get more detailed answers to your questions.  

Illinois Has No Mandatory Waiting Period For Uncontested Divorce

Some states have a minimum waiting period before divorce to give couples a chance to cool down and consider the implications of a permanent separation more carefully. However, in Illinois, there is no waiting period before the process can start - that is, as long as both parties agree to get divorced. 

However, couples seeking an uncontested divorce in Illinois should keep a few things in mind: 

• Residency status for adults - You must be a resident of Illinois to get divorced. This means living in the state for at least 90 days.

• Residency status for children - If issues of child custody will be decided in the divorce, parents and children need to have lived in Illinois for at least six months before filing for divorce. 

• Military residency status - Military members must be stationed in Illinois for at least 90 days to qualify for residency. However, there are additional restrictions placed on divorces involving active duty military members, so consult with an attorney if you or your spouse are deployed. 

If you meet the residency requirement and both spouses agree to the divorce, you can file for divorce and begin the process right away. This does not mean the divorce will be finished right away or even quickly; if a couple shares property and children, many issues will need to be agreed upon before a divorce can be finalized. 

Contested Divorce Waiting Period 

The only grounds for divorce in Illinois is “irreconcilable differences.” If only one spouse wants to get divorced and the other party does not agree that there are irreconcilable differences, a separation period of at least six months is considered proof of irreconcilable differences. Put another way, if one spouse tries to block the divorce, being separated for at least six months automatically fulfills the “irreconcilable differences” standard and allows the divorce to proceed. 

A recalcitrant spouse cannot prevent the divorce from happening altogether. Simply refusing to respond to divorce papers or refusing to negotiate all relevant issues will not stop the divorce, but it will almost certainly result in worse divorce terms for the spouse who will not negotiate. 

Schedule an Initial Consultation with a Wheaton, IL Divorce Lawyer

If you are hoping to get divorced quickly and efficiently, schedule a consultation with one of the skilled DuPage County divorce attorneys with The Stogsdill Law Firm, P.C.. Together, we will analyze your situation and create a strategy that meets your needs. Call us now at 630-462-9500. 

Source: 

https://www.ilga.gov/legislation/ilcs/ilcs4.asp?DocName=075000050HPt%2E+IV&ActID=2086&ChapterID=59&SeqStart=3900000&SeqEnd=5400000