Is there a waiting period for divorce in Illinois?
When considering a divorce, one of the first questions that often comes to mind is whether there is a waiting period involved. In Illinois, the answer to this question is both yes and no, depending on the circumstances of the divorce. Let’s delve into the details to understand the waiting period requirements in Illinois.
Understanding the Divorce Process in Illinois
In Illinois, a divorce is typically classified as either a contested or an uncontested divorce. A contested divorce occurs when the parties cannot agree on one or more issues, such as property division, child custody, or spousal support. In contrast, an uncontested divorce is when both parties agree on all the necessary terms and can proceed without a court battle.
Contested Divorce Waiting Period
For contested divorces in Illinois, there is a mandatory 6-month waiting period from the date the divorce petition is filed with the court. This waiting period is designed to give both parties time to reflect on their decision and potentially work through any issues that may arise. During this time, the court may schedule mediation sessions to help the parties reach an agreement.
Uncontested Divorce Waiting Period
In the case of an uncontested divorce, the waiting period is significantly shorter. If both parties agree on all the necessary terms and can provide the court with a written agreement, the waiting period is only 31 days. This allows for a quicker resolution of the divorce, as there is no need for mediation or a court hearing.
Exceptions to the Waiting Period
While the waiting period is generally applicable, there are certain exceptions. If the couple has a minor child together, the court may grant a waiver of the waiting period if it determines that it is in the best interest of the child. Additionally, if the parties can prove that they have been separated for at least two years and both agree to the divorce, the court may also grant a waiver of the waiting period.
Conclusion
In conclusion, there is a waiting period for divorce in Illinois, but it varies depending on the type of divorce and the circumstances involved. Understanding the waiting period requirements is crucial for anyone considering a divorce in Illinois, as it can impact the timeline and process of the divorce. Consulting with a family law attorney can provide further guidance and ensure that all legal requirements are met throughout the divorce process.
