Legal Question in Family Law in Illinois

Divorce - period of living apart?

I live in Illinois, and will seek an uncontested divorce from my spouse. We have no children and no joint accounts. My husband purchased our house from me in late February. I signed a lease for an apartment shortly after (still in late February) However, my apartment was not available for me to move into until August 3, 2007.

I know that Illinois has a 6-month period where spouses must live apart in an uncontested divorce. Did my 6 months start on August 3, or is it possible to count the 5.5 months between when the house was sold to my spouse and my lease signed? I would have left then but couldn't and wonder if there is any way that this can count as part of the six months.

BTW - we make too much money for the ''simplified'' divorce.

Thank you.


Asked on 8/13/07, 3:40 pm

1 Answer from Attorneys
Peter Olson The Olson Law Firm, LLC

Re: Divorce - period of living apart?

"Separate and apart" as defined in the Illinois Marriage and Dissolution of Marriage Act can mean living in the same house and separate beds. It can mean refraining from sexual intercourse. If you guys are going to do this by agreement anyways a court likely won't look at this issue too closely.

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Answered on 8/13/07, 6:20 pm


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