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, P.C., 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, P.C. 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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