does illinois' 6 month divorce waiting period begin at time of filing, or time of seperation?
Country relating to Question: United States
State (if USA): Illinois
Hi. Thank you for your question.
:-) thank you for taking the time to help answer my question(s)
Certainly. First, the wait period in Illinois depends on the type of divorce. In some cases, there is a two year wait period before filing. Do you know for certain that you only need information about when the six month wait period applies?
husband and i are both in agreement on all areas, we have a prenup as well, and child custody has been agreed upon - very amicable
Thank you. So you are looking at a no-fault divorce that has been agreed upon in writing, correct?
we havnt filed yet, we were advised to have at least one counseling session first
but decision has been made lol
yes, no fault
The question then is when the six month period living separate and apart to be granted a marital dissolution in Illinois must elapse. The answer is that the six month period must conclude prior to the time of the initial filing. It does not overlap with the time of filing, nor is it completed after the time of filing.
Just to be clear, the wait period for a no-fault divorce is ordinarily two years, but it may be reduced to six months if agreed upon in writing. If it is an "at fault" divorce, there is ordinarily no wait period.
Does all of that make sense?
ah, so because it is no fault, and both of us would like it done and finished as soon as possible, there would be no wait period?
is that correct
or it has to be an at fault to be immediate
There must be a wait period except in cases of an at-fault divorce. All no-fault divorce cases have a wait period of either six months or two years.
what would grounds for at-fault be
we just figured because it was amicable, it would automatically be a no-fault
I apologize.. I am attempting to pull up the statute so that you can see for yourself. One moment, please.
no problem :-)
Here we go: http://www.ilga.gov/legislation/ilcs/ilcs4.asp?DocName=075000050HPt.+IV&ActID=2086&ChapterID=59&SeqStart=3700000&SeqEnd=5200000 To translate that:
The causes include adultery, Bigamy, naturally impotent, Abandonment for one year...
habitual drunkeness for two years, drug use for two years, extreme mental or physical cruelty...
conviction of a felony or other infamous crime, or infecting the other with an STD.
ah ok. do you know what the state's definition of mental cruelty is?
our reason for keeping amicable is purely for our kids
Actually, mental cruelty is not defined under the law; the courts tend to look at the effects of the harmful acts to determine if it qualifies.
ah i see.
if we have to do the 6 month waiting period, when does that period begin? at time of seperation or at time of filing
have been seperated for quite some time, but havnt filed yet
For a no-fault divorce, the six month wait period starts at the time of separation, not at the time of filing.
and states definition of seperation is different residences right?
couple cant be living together, yet both consider them selves seperated
sorry meant can couple be living in same residence, yet both parties consider themselves to be seperated
The parties must have lived "separate and apart". Normally, that requires separate residences.
ok, thats what we thought :-), what kind of proof will the court need to prove that - would like to make sure I have everything i need - i have been living back with my parents, but bills etc. still going to marital residence
There are plenty of ways to prove things in these situations, just like there are lots of ways to prove things in life. How would you prove that you went to the grocery store today? You might show a receipt of purchase. You may have a credit card record. Perhaps you ran into someone at the store that recognized you and would remember your being there. Maybe you were issued a traffic citation outside the store's parking lot. You would also have groceries from the store in your home. You know what the truth is, you would just need to show someone else how they can know it too.
so basically if a friend of mine was aware of it, their Testimony would be enough?
Unfortunately, it would be professionally irresponsible to specifically tell you what evidence to use in your case. I can give you the law, but I have no way of assessing the adequacy of your friend's testimony from here. It would be like a dermatologist trying to diagnose a melanoma without seeing it.
because of kids, my main seperation situation has been my sleeping at my parents, between school, and a job, i am not "home" much to begin with, so to spend time with my kids i am at the marital residence but sleep at parents house...would that count or not?
i understand :-)
Thanks. Did you have any other questions?
only that last one
at marital home to be with kids, but sleep etc. elsewhere .....between full time school, and job I am not "at home" much to begin with
and want to spend as much time with kids as i can
Ok, let's look at this. Where do you receive your mail?
mail still goes to marital residence .....bills etc. - i dont get personal mail really
where do you keep your toothbrush?
most of the bills are in husband's name
if you have a day off from work and the kids are in school, and if you decide that you want to watch television, where do you watch TV?
where do you keep your wardrobe?
i have clothes at both places, havnt moved clothes that dont fit LOL
so i guess my wearable wardrobe is at parents
ok, this is a different way to ask a prior question: if you ordered a personal item off ebay, where would you have it mailed?
to parents probably
The court looks at all the facts to determine if a couple has lived separately. In your case, you sleep at your parents, you keep your wardrobe (clothes you actually wear) at your parents', you keep your toothbrush at your parents', you would have personal effects mailed to your parents', and you have basically said that the reason for being at the other house is just to spend time with the kids. Again, I can't "diagnose", but as I read that back to you, what do you think?
ah good :-), ty so much!
My pleasure. Does that answer all of your questions?
yes it does. thank you very much!
Great, and please remember to leave positive feedback once you are finished. Thanks!
i sure will, have a good evening
Attorney experienced in numerous areas of law.
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