Going through a divorce is always stressful, regardless of the reasons behind the decision. The filing of legal documents, the separation of assets, and the anticipation of court dates can be draining, both to your emotional resources and your finances. At Sabuco, Beck, Hansen, Massino & Pollack, PC, we understand the toll going through a divorce can have on every aspect of your life. If you or someone you care about is contemplating or going through a divorce, it is important to be aware of both the grounds under which you may file for divorce in Illinois, as well as the amount of time it will take for your divorce to be granted.
Married couples seeking a divorce are granted the rights to do so under the state’s Illinois Marriage and Dissolution of Marriage Act (IMDMA), Sweeping changes were made to the IMDMA in 2016, and one of the biggest changes is regarding the grounds under which a divorce can be granted. Prior to the changes, Illinois was known as a ‘fault’ state, meaning that there had to be certain conditions impelling a person to seek a divorce. Former fault grounds for divorce included behaviors such as adultery, habitual drunkenness or drug abuse, domestic abuse, and desertion. Proving these grounds against a partner could often be difficult, as well as emotionally painful. Changes to the IMDMA mean that Illinois is now a no fault state, and the only grounds required for seeking a divorce now is that of irreconcilable differences. Under Part IV of the IMDMA (750 ILCS 5/401), irreconcilable differences are problems, issues, or concerns that have caused an irretrievable breakdown in the marriage. Reconciliation is not possible, and it is in the best interests of all involved that a divorce be granted.
With the 2016 changes to the IMDMA, the requirements and timelines for filing a divorce have changed as well. Previously, couples were required to maintain a two-year continuous separation prior to filing for divorce, unless they were citing one of the fault grounds. Under the new family court guidelines, a six-month separation is all that is necessary. This allows both parties to avoid what was once a long, drawn out, and contentious process, while enabling them to more quickly move on, recover, and rebuild their lives. Once the appropriate documents have been filed and served, and all required information submitted to the court, your divorce could be final in as little as 90 days.
If you or someone you care about is separated or going through a divorce, contact Sabuco, Beck, Hansen, Massino & Pollack, PC today. Our experienced Will County family law attorneys provide caring, professional legal representation to guide you through every step of the process, while always ensuring your rights and best interests are protected.
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Hansen, Massino, & Pollack, P.C.
We can’t thank you enough for all you have done.
Attorney Michael Massino made me feel so relaxed. I really appreciate all he did for me.
I was represented by your firm in the above referenced matter. I received a letter in the mail seeking my feedback as it related to the services I received. I am happy to take a moment to respond. In all areas I would rate the firm with all 5’s (excellent). The attorney that represented me was Alex Beck. Alex was so easy to talk to, communication was always open, with the steps and processes clearly laid out and understandable to me. Alex is just a very likable great guy, while at the same time being a very knowledgeable professional in his discipline. I have already in the past ,and will continue to in the future, refer your law firm to friends and family. I’d also like to say Donna was of tremendous help and was an absolute pleasure to be assisted by. Thank you, James Nichols
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