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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, spouses were required to have a basis or grounds for divorce. As of January 1, 2016, the state has moved to eliminate what are called "fault-based grounds." The law has also eliminated any requirement for spouses to live apart or separate for a certain period of time before they can finalize their divorce. 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 both fault grounds and no-fault grounds for divorce. A fault ground could have included adultery, extreme and repeated mental or 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 do not have to worry about any longer.

Under the previous grounds for divorce, one of the spouses may have been found to be “innocent,” and the other spouse may have been at fault for the divorce. Now, either spouse can file for divorce, and no single person is considered at fault for end of the marriage. With the state now following a no-fault divorce policy, all divorces will be filed citing "irreconcilable differences." This term means that when a marriage has reached a point where it can no longer be repaired, it may be ended.

Contact Our DuPage County Divorce Lawyers

If you need clarification on any of the laws related to divorce, please contact us to set up 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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250 W. River Drive, Unit 2A
St. Charles, IL 60174
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From our law office in Wheaton, IL the family law and civil litigation law attorneys of Mirabella, Kincaid, Frederick and Mirabella, represent businesses and individual clients throughout the western suburbs of Chicago, Illinois including Wheaton, Naperville, Oak Brook, Glen Ellyn, Carol Stream, Lombard, Downers Grove, Burr Ridge, Lisle, Elmhurst, Oakbrook Terrace, Winfield, Woodridge, Warrenville and throughout DuPage, Kane and Kendall Counties.

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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

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