Legal Question in Family Law in Illinois

Legal Seperation

I have been legally seperated for 5 years. How long do you have to be seperated before you can file for a divorce without a lot of legal problems?


Asked on 4/01/03, 2:07 pm

2 Answers from Attorneys

Mary McDonagh McDonagh-Faherty Law Offices

Re: Legal Seperation

Two years is the usual length of time - earlier if you comply with certain provisions - at any rate, unfortunately there is no legal wand for easy divorces - it all depends on your ex-spouse. Getting a lawyer does help relieve the major problems.

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Answered on 4/01/03, 2:13 pm
Zachary Bravos Law Offices of Zachary M. Bravos

Re: Legal Seperation

I assume you are asking how long you must live separate and apart to get a divorce on no-fault grounds (irreconcilable differences). You must live separate and apart for two years before the divorce is granted, or six months if both parties stipulate and agree to it. The period apart is measured from the date the judgment of divorce would be entered, not the date that the divorce case is filed.

If you are asking about other issues [i.e., child custody and support, property and debt division, and maintenance (alimony)] when you seek to avoid �a lot of legal problems�, I can�t forecast the outcome without more information. It is generally true that the longer a state of affairs exists without a problem, the more likely the court will be to accept the status quo in rendering its decision. For example, if you had custody of your children during the five years you were separated, you would be more likely to be awarded custody in a custody dispute.

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Answered on 4/03/03, 10:54 am


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