Date of Separation Under Illinois Divorce Law
A couple's date of separation depends on the legal definition provided under state law. The date of separation may have an effect on subsequent divorce proceedings in Illinois, including grounds for divorce or financial consequences.
Other People Are Reading
-
Effects
-
In Illinois, a couple's date of separation can affect the divorce grounds available to them. Illinois law allows divorce based on the ground of irreconcilable differences, but the law specifies that the spouses must have lived separately for a period of two years. In some situations, the spouses can waive the two-year separation period, but must have separated at least six months before filing divorce papers. Additionally, a couple may need to establish a separation date to show that their marriage has lasted for a short enough time period if they wish to qualify for the simplified divorce process permitted in Illinois.
Considerations
-
Spouses may dispute their separation date, especially if the date established can affect each spouse's claim to property or liability for debts. A divorcing individual should learn how Illinois identifies a couple's date of separation and gather evidence showing the appropriate date.
-
Suggestion
-
If you are concerned or confused about your rights according to Illinois divorce law, consider consulting with a local family law attorney. Divorce involves legal and financial consequences, including results related to your date of separation, which a lawyer may be able to explain to you.
-
References
Resources
- Photo Credit calendar image by Szymon Apanowicz from Fotolia.com
