Legal Question in Family Law in Illinois
6 month rule
My husband and I have decided after a year of trying to fix our marraige to finally get divorced. But we keep reading that we have to be seperated for 6 months first. Is this true or can we go ahead and file in a month or so?
2 Answers from Attorneys
Re: 6 month rule
Hello. If the grounds for divorce are irrecon-
cilable differences, then the statute requires that you be separated for two years. This
requirement can be waived if both parties agree
and there is factual evidence to support the
claim that the parties have been separated for
6 months. However, to avoid all of this, the
statute provides that the parties can file for
divorce on grounds of mental cruelty. There is
no separation requirement for grounds of mental
cruelty. Will be happy to answer any additional
questions that you might have. Hope my answer
is of some assistance.
Re: 6 month rule
You need not wait to file for divorce. Ask an attorney instead of trying to figure it out yourself. You'll save time in the long run.
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