Modern Family: Waiting Periods

As previously discussed, there will only be no-fault divorces granted under the new Senate Bill 57. Along with the no-fault divorce, Illinois has also changed the required waiting period before a divorce is granted. Prior to January 1st, couples had to live separate and apart for two years if their divorce was due to irreconcilable differences. This is no longer necessary.

If the divorce is contested, the required proof of separation is lowered from two years to only six months. If the divorce is mutual, the required waiting period is eliminated completely.

Parties who have lived separate and apart, prior to filing for divorce, will be able to use that period towards their required six month waiting period. This will make it easier for parties to comply with requirements if their divorce is contested.

Regardless, parties will have to live separate and apart for six months. It is possible to fulfill the separation requirement even if living in the same home.

It is best to consult with an attorney regarding how the new waiting periods may affect your case. Our family law group is ready to serve you. To schedule a consultation for our Cook County family law, Will County family law, or DuPage County family law service, call us at 815-600-8950 or contact us online today at You may also submit a request for a consultation here on the website.


This is a legal advertisement from Sterk Family Law Group. It does not constitute legal advice and should not be construed as such. This article is for informational and educational purposes only.

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