Legal Question in Family Law in Illinois

Re: Time restrictions on divorces

Depending on what "grounds" or reasons you choose to file the divorce, there is not a waiting period. The exception to this rule is if you file a divorce on the grounds of "irreconcilable differences." The grounds for a divorce are set forth in the statutes. There are a number of grounds, including mental cruelty, physical cruelty, adultery, extended drug or alcohol abuse, and irreconcilable differences. Grounds need to be plead in the divorce, however, their significance is more symbolic than actual. The grounds alleged will not impact the distribution of the property nor, typically, affect the custody of the children unless the behavior alleged in the grounds directly affects the children. The grounds of irreconcilable differences are a no fault basis and essentially mean that the marriage has irretrievably broken down as a result of irreconcilable differences. In order to use these grounds, the parties must be separated for six months and agree to proceed on these grounds by waiving a two year waiting period in writing. If one of the parties does not agree to waive the two (2) year waiting period, the party seeking the divorce can still proceed after two years under the grounds of irreconcilable differences without the other party's consent.

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