Can We Finalize Our Illinois Divorce if We Still Live Together? 

 Posted on April 27, 2022 in Divorce

The rising cost of home and rental prices has made it difficult or impossible for many couples whose relationship has broken down to separate and live in different residences. If neither you nor your spouse has the option of moving out, you are likely wondering if you can still get divorced in Illinois. If you have small children, you may also wonder if you can continue living in the same house as your spouse for the sake of your children while formally ending the relationship. Fortunately, the answer is yes - as long as certain requirements are met.

Is There a Mandatory Separation Period for Divorce in Illinois?

Until recent changes in Illinois divorce law, couples had to give a reason for divorce, such as abandonment or adultery. They had to wait for at least six months, even if they agreed to the divorce and did not allege either spouse as at fault.

Now, however, Illinois is considered a “pure no-fault” divorce state and couples can only list irreconcilable differences as a reason for divorce. If both spouses agree to get divorced, there is no mandatory waiting period, but if one spouse does not want to get divorced, couples must still live separate and apart for at least six months to prove that the marriage has irreconcilably broken down.

What Qualifies as “Separate and Apart?”

If you cannot move out of your home or do not want to move out of your home for whatever reason, living separate and apart becomes a little more complicated, but it is still possible. If you want to show a court that you are living separate and apart, you need to stop sharing the same bed, stop having sex, and stop publicly presenting as a married couple for at least six months. Going to public events as a couple, attending family functions, wearing your wedding rings, and otherwise appearing to be married will make it difficult to convince a judge you have lived separate and apart, especially if one spouse contests the divorce. An experienced Illinois divorce attorney will help you plan your behavior appropriately if you intend to continue living with your spouse and want to file for divorce.

Call a Kane County Divorce Lawyer

If you plan to continue living with your spouse while you go through the divorce process, consider getting assistance from an experienced Geneva, IL divorce attorney who can help you demonstrate to a court that your relationship has ended. Call the offices of The Law Office of Matthew M. Williams, P.C. now to schedule your confidential consultation and learn more about how we can help.

Source:

https://www.ilga.gov/legislation/ilcs/ilcs4.asp?DocName=075000050HPt%2E+IV&ActID=2086&ChapterID=59&SeqStart=3900000&SeqEnd=5400000