Legal Question in Family Law in Illinois

How long living separate-and-apart to get a no-fault divorce?

You may file for divorce at anytime, and it is not necessary to be separated or legally separated at all.

Perhaps you are asking how long the parties must be �separate and apart� to qualify for a no-fault (irreconcilable differences) divorce. There are requirements that you live separate and apart for a continuous period of two years (six months if both sides waive the two-year requirement).

The �separate and apart� requirement for a no-fault (�irreconcilable differences�) divorce does not mandate a physical distance. Separate and apart does not necessarily mean separate living quarters, or even separate beds. It is up to the discretion of the trial court to determine whether parties exist "separate and apart" and the court may look to whether the parties meaningfully communicate as husband and wife, whether they had ended regular marital relations, whether they act as independent person in many or most communal activities, etc.

With regard the period of �separate and apart� is measured from the day of judgment (usually the end of the case) not the day the case was filed. Accordingly, you can file for a divorce at any time, even before the period of �separate and apart� has been satisfied.

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Re: Separation

There is no waiting period. One can file for divorce even without a separation. The question may be more related to the requirements for a no fault divorce. That requires the parties to agree that they have been separate and apart for at least six months. Without such an agreement the time frame is two years, and it still requires a finding by the court that there has been an irretrievable breakdown in the marriage and that efforts at reconciliation are futile and not in the best interests of the family.