Oak Lawn, IL asked in Family Law and Divorce for Illinois

Q: how long do you have to be separated for it to be considered legal

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2 Lawyer Answers
Ray Choudhry
Ray Choudhry
Answered
  • Moline, IL
  • Licensed in Illinois

A: If you are referring to divorce, Illinois has irreconcilable differences as a grounds.

You do not have to be separated to have irreconcilable differences. However, if the parties have lived separate and apart for 6 months, there is an irrebuttable presumption of irreconcilable differences.

J. Richard Kulerski Esq.
J. Richard Kulerski Esq.
Answered
  • Oak Brook Terrace, IL
  • Licensed in Illinois

A: It can never be a Legal Separation unless a specific Judgment for Legal Separation is entered by a court. You can live apart for 70 years, and all you are is living apart. Time does not make a separation "legal" only a Judgment can do that.

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