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Illinois Law - Can One Party Alone Bring About a Divorce? One party alone can bring about a divorce, after a two-year separation. If the parties agree to the divorce, they can get a divorce after a six-month separation. Periods of attempted reconciliation after a separation count as part of the separation period. Section 5/401(a)(2). Cases: Gorman (1996) 219 Ill.Dec 652, 284 Ill. App.3d 171, 671 N.E.2d 819 (The wife had argued that the divorce agreement was invalid because the two-year separation requirement had not been satisfied. The wife noted that the parties had been living apart for only a month before the divorce proceeding. However, the wife had failed to dispute the date of separation during the divorce proceedings. The wife had agreed to state for the court that the separation had occurred two years before the divorce proceeding. Now, in the appeals court, the wife was not allowed to change her story. The court also noted that, if a couple lives apart for six months, the couple can agree to waive the two year requirement. Further, the separation requirement may in some cases also be satisfied where the parties live in the same house because irreconcilable differences can still be realized between the parties without living in separate residences.)
Disclaimer: We are not giving legal advice. No warranties. We disclaim all legal liability. More... Click here to go to top Illinois divorce law page. Click here for the Illinois divorce legal table of contents. | |||||||||||||||||||||||||
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