Do You Have to Wait 6 Months Before You Can File for a Divorce in Illinois?

By Beverly Bird

In some states, grounds for divorce are pretty straightforward – you have irreconcilable differences, and that's that. Illinois recognizes irreconcilable differences as a ground, but that's where the simplicity ends. A six-month rule applies in this state, although there's no waiting period if you file on fault grounds.

Waiting Period

Irreconcilable differences is the only no-fault ground in Illinois, and it requires a two-year waiting period. However, you don't necessarily have to wait out the whole two years before getting your divorce. If you and your spouse agree that your marriage can't be saved, you can jointly sign a waiver of the two-year rule and submit it to the court. This reduces the waiting period to six months. The six-month period does not have to occur before you file for divorce, but your divorce won't be granted until you and your spouse have lived separately for the required period of time. If your spouse resists signing the waiver, then changes her mind and agrees, you can submit it to the court at any time. If you've already lived apart for six months or more, you can be divorced immediately.

Separating Under One Roof

Illinois law concedes that you and your spouse can be separated while still living in the same home. However, the court may require some evidence that your marriage has broken down and that you're not residing together as husband and wife such as separate bank accounts.

Divorce is never easy, but we can help. Learn More
Divorce is never easy, but we can help. Learn More
Do You Have to Be Separated for 6 Months to File for a Divorce?

References

Related articles

Washington State Residency & Divorce

Most states have durational residency requirements for divorce -- you must live in the jurisdiction for a continuous period of time before you can file there. Washington law does not include such a rule, but it does impose a waiting period before the court will actually grant you a divorce.

How to Divorce in PA After Two Years When a Spouse Does Not Agree on Settlement

If you file for a no-fault divorce in Pennsylvania, you can get a divorce in six months if you and your spouse are in agreement. However, if the two of you disagree, you must wait at least two years from the date you and your spouse separated. After the two-year waiting period, you can ask the court to grant a divorce.

Tennessee Divorce Laws: How Soon After Divorce Can You Remarry?

Sometimes a divorcing spouse is anxious to finish the divorce because he wants to remarry. Technically, Tennessee law has no restrictions on how long you must be divorced to remarry, but you should wait at least 30 days. If your ex-spouse decides to appeal the case during this time period, you won't be divorced after all.

Get Divorced Online

Related articles

Define a No Fault Divorce

All states now recognize no-fault divorce, but there are different kinds of no-fault grounds. Divorcing this way in ...

How to Make Your Will Legal in Indiana

Your will is a document that explains how to distribute some or all of your property when you die. Wills written in ...

How to Get a Non-Contested Divorce in Illinois

An uncontested, or non-contested, divorce is typically considered the easiest way to end your marriage. It's less ...

How to File for Legal Separation in North Carolina

Legal separation is one of those terms that can mean different things, depending on where you live. Some states don't ...

Browse by category
Ready to Begin? GET STARTED