When to get a divorce

Posted by Erin Birt | Feb 16, 2012 | 0 Comments

When to get a divorce in Illinois is an important question. There are certain legal requirements that must be considered when deciding when to get a divorce.

When to Get a Divorce – Requirements

Illinois has statutory residency requirements.  To be safe, you should be a resident of Illinois for at least 90 day before filing a Petition for Dissolution of Marriage.  That is not always necessary, but it's better to be safe.

When to Get a Divorce – Grounds

Divorce lawyers in DuPage County generally plead two grounds for a divorce:  Irreconcilable differences and mental cruelty. Both affect the timing for when to get a divorce.

After attempting to reconcile your differences as husband and wife, if those differences can not be put aside and future attempts at reconciliation is not in the best interest of your family, a divorce may be granted based upon the grounds of irreconcilable differences. You must, however, have been living separate and apart for at least 2 years.  Therefore, the answer to “When to get a divorce?” might be “in 2 years”.

If your spouse has repeatedly caused unprovoked mental abuse and/or anguish, you have sought help for your mental health, and you feel better after seeking help and separating from your spouse, a divorce may be granted on the grounds of mental cruelty.  There is no separation requirement or mandatory waiting period.

When to Get a Divorce – Talk to Divorce Attorney Erin Birt

When to get a divorce is a personal and a legal question. Without an attorney, that question is very complicated and we can develop a plan so you know When to Get a Divorce.  The above addresses certain legal timing requirements, you may also want to read an earlier post “Where to Find Help” or “Emotional Stages of a Divorce” for information on personal needs.

For more information about when to get a divorce, how to waive the 2 year separation requirement, or for assistance with how to file a divorce, please contact the firm or Erin Birt directly at 630-891-2478, we can develop your best plan to determine exactly how and When to Get a Divorce .

Schedule a Consultation with Attorney Erin Birt

  **UPDATE 2020: The laws in Illinois have changed and now the only grounds for divorce is Irreconcilable Differences.  Also, the separation requirement of 2 years has been eliminated but parties must be able to testify that they have been living separate and apart for at least 6 months.  To learn more about the separation period and the grounds for divorce, please contact our office to discuss your case and how we can resolve your divorce quickly.

About the Author

Erin Birt

Since 2003, Erin N. Birt, J.D., CADC has focused her practice on parenting time, divorce, mediation, and substance abuse issues. Ms. Birt's unique background in both family law and addictions counseling help her clients successfully navigate the complex issues of coparenting and divorce. Ms. Birt also devotes her time to presenting at continuing education seminars for attorneys, mediators, and counselors.


There are no comments for this post. Be the first and Add your Comment below.

Leave a Comment

Family Centered Divorce ∙ Mediation ∙ Co-Parenting

Birt Family Law is the family centered law and mediation practice with a focus on Restorative Divorce; offering creative and supportive legal and mediation solutions with one goal: keeping the separating family out of court and working together towards a positive resolution.

We offer multiple options to achieve this goal including mediation, coaching, co-parenting strategies, and Restorative Divorce services. 

Are we the right fit for you?

Birt Family Law is committed to keeping the separating family out of court and working together towards a positive resolution.