What Qualifies as Living Separate and Apart in a Chicago Divorce?

One of the divorce topics we have been asked about recently involves the Illinois requirements for living separate and apart. With Shelter in Place moving into new phases, many individuals are finding that they do not want to remain married to their same spouse during the second wave of pandemic shutdowns. However, there is a lot of information out there regarding separation requirements for getting divorced in Chicago, all of which should be clarified.

Illinois used to have a two year mandatory separation period for alleging irreconcilable differences as the basis for divorcing. However, if you alleged grounds, such as mental cruelty or adultery, you could shorten the mandatory separation to six (6) months. This was changed recently in Illinois law. Now, the law states that if you have lived separate and apart for six (6) months or longer, there is a rebuttable presumption that irreconcilable differences have occurred, so as to allow you to proceed with a divorce. Many litigants wonder what a six (6) month separation means, exactly.

Can We Be Living Separate and Apart While Living in the Same House?

When is our Separation Date?

The start date may not be the same for both parties. But, if they can agree on a start date that is more than six (6) months previous to the date the divorce is entered, there won’t be any debate about which separation date is “correct” as it is a moot point, so long as one of the parties truly believed the separation date was more than six (6) months prior and the other person doesn’t object.

What About an Attempt at Reconciliation?

Separation Date is Circumstantial and Varies with Each Case

THIS ARTICLE WAS PREVIOUSLY PUBLISHED AT: https://illinoislawforyou.com/uncategorized/living-separate-and-apart-chicago-divorce/

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