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My Spouse and I are Still Living Together. Does This Mean We Cannot File for Divorce Under Irreconcilable Differences Because We Have Not Lived Separate and Apart?

DuPage County Divorce Lawyers Explain Newer Illinois Divorce Laws

Under traditional Illinois law, it was required there is a basis or grounds for any divorce. As of January 1, 2016, the state has moved to eliminate what are called "at-fault grounds." It also eliminates any requirement that you and your spouse must to live apart or separate for a certain period of time. At Mirabella, Kincaid, Frederick & Mirabella, LLC our team is here to help explain the differences in the law and how this may affect your situation.

Before 2016, Illinois was a state that accepted filing for both fault grounds and no-fault grounds for divorce. A fault ground could have included if one of the spouses committed adultery, had extreme repeated mental cruelty, physical cruelty, or habitual drunkenness. The law also required that spouses have a period of time where they lived apart or separate. These are dated concepts that couples no longer have to worry about any longer.

This old concept would also typically find one of the spouses “innocent.” Now, either spouse can file for the divorce because no single person is considered at fault for the marriage. With the state now following a no-fault ground policy, it means divorces will be filed citing "irreconcilable differences." This term means that when a marriage has reached a point of dissolution and it can no longer be repaired it may be ended.

Contact Our DuPage County Divorce Lawyers

If you need any of these newly established laws clarified, please contact us to setup an appointment with a skilled attorney at Mirabella, Kincaid, Frederick & Mirabella, LLC. Our offices are in Wheaton and St. Charles, where we have been assisting clients in family law, divorce, and various other areas for decades. We have clients come from all over DuPage, Kane, and Kendall Counties for legal assistance. Call us at 630-665-7300 for help with your situation today.

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1737 South Naperville Road, Suite 100
Wheaton, IL 60189
Evening and weekend hours by appointment.

We serve clients throughout Kane County, Illinois including St. Charles, Geneva, Batavia, North Aurora, Elgin, Algonquin, Aurora, Barrington Hills, Bartlett, Big Rock, Burlington, Campton Hills, Carpentersville, East Dundee, Elburn, Hampshire, Huntley, Kaneville, Maple Park, Sleepy Hollow, Wayne, West Dundee as well as throughout DuPage County.

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In honor of the passing of our founder, Joseph F. Mirabella, Jr., our offices are closed Friday, January 31, 2020.I Agree