Law Offices of Rachel Koch | Rachel Maxine Koch
While Illinois law requires a two-year separation period, the parties may sign a waiver that they have been separated for 6 month and waive the 2 year requirement. Remember that "separated" doesn't necessarily mean living separately but rather that you both considered yourselves to not be together as husband and wife. So once you file your paperwork, as an agreed divorce, you will need to get a court date. That may be anywhere from one to several months ahead. You will also need to prepare formal documents as to your agreements in property, custody and any other issues.
Answer Applies to: Illinois