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Kendall County family law attorney legal separation

If you and your spouse are considering filing for divorce, it is unlikely a rash decision. Most couples will notice their relationship falling apart for months, or even years, before bringing up the idea of divorce. Couples will then typically live apart, also known as separation, for a period of time before deciding that divorce is the proper next step. Living separately for an extended period of time can be a good idea before filing for divorce, and some couples may choose to become legally separated as well. This will allow both you and your spouse to fully consider your options and truly understand what life would be like without your spouse. But what about those who cannot financially afford to move out on their own? Is separation required before filing for divorce in Illinois?

Irreconcilable Differences

Depending on the state that you live in, you may need to provide a reason or form of proof for ending your marriage, such as infidelity. Illinois only allows couples to file for divorce due to “irreconcilable differences.” In other words, you do not have to give a specific cause for your ending relationship other than stating that your marriage has broken down beyond repair. Before 2016, Illinois law required couples to live separate and apart for two years before a divorce could be an option. If the couples agreed that they faced irreconcilable differences after six months of living separately, this two-year separation term could be reduced to just those six months.

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Posted on in Divorce

Kendall County Divorce AttorneyThere have been many memes passed around (at least in my industry) that joke about a baby boom and an increased demand for divorce due to the stay at home order. Behaviors that people used to ignore because they could escape to work or the gym or a restaurant with friends, are gnawing at the psyche of isolated COVID-19 couples. Like that little habit he has of chewing with his mouth open. Or how she hums Merry Christmas every time she washes her hands.

This is even more exaggerated when parents must juggle homeschooling kids and working remotely from home. Arguments about who is teaching science today result in simmering resentment and passive aggressive loud typing on one’s laptop.

Although this is unchartered territory, we do know that the stay at home order will someday end. It must end, for all of our sakes. But until then, choosing whether to divorce your spouse needs to be made with great care. Divorcing your spouse is not easy, emotionally or financially. Before you go down the path of hiring an attorney and filing your petition for dissolution, try these tactics to keep the peace:

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