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seperation period

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beefetr

Junior Member
What is the name of your state (only U.S. law)? IL

I want to file for a no-fault divorce to avoid a mean-spirited ordeal. However, my state has a two year seperation period attached to this ground. We have already lived seperately for about 9 months. I have been living in a room above my restraunt. Since it is my restraunt, I don't have any real proof I have been living there and my wife has vowed to deny it (not that her vow means much). Will my word against hers mean anything?
 


LdiJ

Senior Member
What is the name of your state (only U.S. law)? IL

I want to file for a no-fault divorce to avoid a mean-spirited ordeal. However, my state has a two year seperation period attached to this ground. We have already lived seperately for about 9 months. I have been living in a room above my restraunt. Since it is my restraunt, I don't have any real proof I have been living there and my wife has vowed to deny it (not that her vow means much). Will my word against hers mean anything?
You cannot get a no fault divorce if she is not willing to cooperate with a no fault divorce.

I also don't recall IL having a two year separation period for no fault. Have you confirmed that with a local attorney? I have several cousins in IL who divorced on a no fault basis without having to have a two year separation period.
 

beefetr

Junior Member
You cannot get a no fault divorce if she is not willing to cooperate with a no fault divorce.
My wife does not want a divorce and I don't know how to prove adultry either. Again my word against hers as I don't have any physical proof that it happened and she denied it in counciling. I caught them twice red handed, but don't know his name or anything about him.

I also don't recall IL having a two year separation period for no fault. Have you confirmed that with a local attorney? I have several cousins in IL who divorced on a no fault basis without having to have a two year separation period.
Here is the law as presented to me: 750 ILCS Dissolution of Marriage Act

That the spouses have lived separate and apart for a continuous period in excess of 2 years and irreconcilable differences have caused the irretrievable breakdown of the marriage and the court determines that efforts at reconciliation have failed or that future attempts at reconciliation would be impracticable and not in the best interests of the family. If the spouses have lived separate and apart for a continuous period of not less than 6 months next preceding the entry of the judgment dissolving the marriage, as evidenced by testimony or affidavits of the spouses, the requirement of living separate and apart for a continuous period in excess of 2 years may be waived upon written stipulation of both spouses filed with the court. At any time after the parties cease to cohabit, the following periods shall be included in the period of separation: (A) any period of cohabitation during which the parties attempted in good faith to reconcile and participated in marriage counseling under the guidance of any of the following: a psychiatrist, a clinical psychologist, a clinical social worker, a marriage and family therapist, a person authorized to provide counseling in accordance with the prescriptions of any religious denomination, or a person regularly engaged in providing family or marriage counseling; and (B) any period of cohabitation under written agreement of the parties to attempt to reconcile.
 

beefetr

Junior Member
Then you don't have a simple, uncontested divorce. See an attorney.
Agreed - not simple and uncontested. I have talked to an attorney but I left just as confused as when I went and I don't have a lot of money to keep finding new ones. So I was just looking for a another opinion.:confused:
 

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