Their are three main criteria you need to meet to get a divorce in Illinois.

First, if “Irreconcilable differences have caused the irretrievable breakdown of the marriage and the court determines that efforts at reconciliation have failed or that future attempts at reconciliation would be impracticable and not in the best interests of the family” then you may be able to get divorced in Illinois. 750 ILCS 5/401. What this means is that if you believe there is no way to save the relationship, regardless of whether your significant other wants to get divorced, you can ask the court for a divorce.

Second, if you have lived in Illinois for the 90 days prior to filing your Petition for Dissolution, the court in the county where you reside is able to hear your case. Make sure you have proof of where you live to provide to your attorney. If you are scared for your safety, talk with an attorney about how to protect your address from your abuser.

Third, if you have lived “separate and apart for a continuous period of not less than 6 months” prior to the court entering your final Judgment of Dissolution, the court will be able to grant you a divorce. This does not mean that you have not been living in the same home, it simply means that you have made it known to your significant other that you no longer intend to be married. It also does not have to be 6 months from the date you first file your case, but instead it is 6 months from when you finalize your case, which may take more than 6 months to complete. Lastly, in the event of domestic violence and physical abuse the 6 month time frame should be disregarded. If you are being abused, do not wait, call us today.