So When Can I Get Divorced?

In Kentucky you have to live in the state for 180 days before you can file for divorce here.  In Illinois, you have to in that state for 90 days before you can file.  Once the action is filed, things can get a little more complicated.

In Illinois, if both parties are have reached an agreement, a prove up hearing can be scheduled to finalize the case as soon as the court can fit you into its schedule assuming you are pleading grounds for the divorce.  Most people go with mental cruelty just to get things over with.  If you want to opt for Illinois' version of a no-fault divorce, the parties must be separated (i.e. not living together as husband and wife, but not necessarily living separate and apart) for two years.  This period can be shortened to six months if both parties sign a waiver of the two year waiting period.

In Kentucky, the parties must be separated for at least sixty days (again not necessarily living separate and apart as long as they are not engaging in sexual relations).  If the parties have children, they must wait an additional sixty days from the date the other party is served or files a responsive pleading in the case.  Once the applicable time period has run the parties can finalize their divorce if all issues are settled.  If there are still outstanding issues, the parties may be able to petition the court for an interlocutory decree as we discussed in a recent post.

For more information on this and other family law issues, please visit the Alford Law Office.

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