Do you have to be separated first before starting the actual divorce process?

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Do you have to be separated first before starting the actual divorce process?

Also, can one party move out of state during the process?

Asked on June 12, 2012 under Family Law, Illinois

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

It is my understanding that in the state of Illinois, if you wish to file for a no fault divorce then spouses have to be legally separated for 2 years (continuously) and allege "ireeconcilable differences" that have cause an "irretrievable breakdown" of the marriage.  If you wish to file on a fault ground (desertion, adultery, etc.) then you do not have to live apart.  Moving out of state once you file is probably fine as long as you don't mind travelling in for hearings, etc., and you do not take the kids.  Good luck.


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