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Is the Illinois Divorce Process Different if You Have Only Been Married a Few Months?
Getting divorced after only a few months of marriage can feel embarrassing. It can also come with questions about how the judge will rule in your case. Essentially, Illinois law does not treat short marriages differently from longer ones when it comes to the basic divorce process. However, the length of your marriage can affect certain parts of your divorce, especially if there are decisions about property division and spousal support.
If you’re ending a marriage after just a few months, a Kane County divorce attorney can help you know what to expect and guide you through the legal process.
Does Illinois Law Require a Minimum Marriage Length Before You Can File for Divorce?
No. You can file for divorce at any point in your marriage. Per 750 ILCS 5/401, the only requirement is that either you or your spouse must have lived in Illinois for at least 90 days before filing.
Will the Court Ask Why I Want a Divorce After Such a Short Time?
Illinois is a no-fault divorce state. This means you do not have to prove that your spouse did anything wrong to get a divorce. The only legal ground for divorce in Illinois is that "irreconcilable differences" have caused the marriage to break down.
The court will not ask you to explain or justify why you want a divorce after only a few months. Judges understand that some marriages do not work out, and they will not judge you for recognizing this early.
How Does the Length of My Marriage Affect Property Division in Illinois?
"Marital property" refers to assets – and debts – acquired during the marriage. In a very short marriage, you likely have less marital property to divide. Property you owned before the marriage usually remains yours.
If, for example, you got married three months ago and kept your finances mostly separate, you may only need to divide a joint bank account or decide who keeps shared household items. If you bought a house together or one spouse gave up a job to move for the other, division might be more complicated.
Short marriages typically involve fewer shared assets, which makes property division simpler and faster than in long marriages. However, you should still make a record of what you owned before marriage and what you got during marriage to ensure a fair division.
Can I Get Spousal Maintenance After a Short Marriage?
Spousal maintenance, which people sometimes call alimony, is financial support one spouse pays to the other after divorce. In most cases, spousal maintenance is unlikely after a very short marriage. To decide spousal maintenance, courts look at factors like:
- The income and property of each spouse
- The needs of each spouse
- The present and future earning capacity of each spouse
- The time necessary for either spouse to get education or training for employment
- The standard of living during the marriage
- The duration of the marriage
Courts generally award maintenance when one spouse needs financial support to maintain a reasonable standard of living or to gain job skills. After only a few months of marriage, most spouses have not given up careers or become financially dependent on each other.
There can be exceptions. If you left a job to move for your spouse or if you have a disability that affects your ability to work, you might still get maintenance even after a short marriage.
Will My Divorce Take Less Time if the Marriage Was Very Short?
It can, especially if you and your spouse agree on most issues. If you have no children, little shared property, and no disagreements about who gets what, things could move quickly.
Call a St. Charles Divorce Lawyer Today
If you are considering divorce after a short marriage, the Kane County divorce lawyer at Shaw Sanders, P.C. can help. With significant experience in family law, our attorneys work to resolve cases through mediation whenever possible, but are ready to be aggressive in court when needed. Contact Shaw Sanders, P.C. at 630-584-5550 today for a free consultation.
630-584-5550