Answer: The only people that have a separation period to contend with are those that choose to use no-fault as their ground. If this is the case, the separation period is either six months or two years, depending upon the spouse’s mutual willingness to cooperate.

It is six months if both parties agree in writing to use no-fault as a ground, and it is two years if either spouse insists that they wait out the two-year requirement before the no-fault ground can become operative.

It is not essential that the parties reside at separate addresses during the separation period. It is generally permissible for them to continue living under the same roof if they are not living as husband and wife.

The other 10 grounds for divorce involve fault and have no time requirements whatsoever either before or after filing (except remotely, for desertion).

We welcome hearing from you and we invite your questions. There is no obligation. No one will ever know that we spoke or what we discussed. Everything you say is privileged, confidential, and completely classified. We do not maintain a mailing list and will not contact you unless you ask us to.

Calling us is easy. Ask for Richard or Kari (Oak Brook 630-928-0600 or Chicago 312-235-0100), or email us at rk@illinoislegal.com or kc@illinoislegal.com.

If we are in court or in a meeting when you call, one of us will personally get back to you as quickly as possible. We are extremely discreet with callbacks and reply emails. Just leave your name and a secure email address or personal cell phone number.

Richard and Kari are staunch advocates of the non-court approach to divorce, and are also active and seasoned litigators with over 60 years of combined trial experience in the Illinois divorce courts of Cook, DuPage, and Kane counties.