Before I can file for divorce in Chicago, How Long Must I Reside in the State of Illinois?
The State of Illinois Marriage and Dissolution Act, requires at least one spouse be a resident of Illinois for 90 days before filing for divorce. What this means is… either you or your spouse must have lived in Illinois for at least 90 days before your divorce can be filed.
What are the Grounds for Divorce in Illinois?
There are two types of divorce in Illinois:
- divorce where there is a specific reason or “grounds” for divorce
- divorce where no specific reason is given for the dissolution of marriage.
There is no waiting period if there are “grounds” for the divorce.
Here are 11 major”grounds for divorce”, in Illinois:
- Mental Cruelty
- Drug Addiction
- Physical Cruelty
- Conviction of a Felony
- Habitual Drunkenness
- Drug Addiction or Drunkenness
- Desertion for One Year or Longer
- Infection with a Sexually Transmitted Disease
Before an Illinois divorce is Granted, Is There a Waiting Period?
One may seek a divorce based on irreconcilable differences if there are no grounds for divorce. This is also known as a “no-fault” divorce; although, a mandatory separation period is required for a no-fault divorce. In order to file for a divorce based on “Irreconcilable Differences”, you and your spouse must have lived apart for a period of two years. If both you and your spouse have agreed to the divorce, the waiting period is shortened to six months. You do not have to maintain separate residences during the waiting period. Having separate bedrooms in the same home may qualify as living “separate and apart”.
There is no waiting period if there are “grounds” for the divorce as noted above.