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Orders of Protection in Family Law Cases
There are times when Emergency Petitions for Orders of Protection may precede the filing of a divorce case. In some situations, the Judge handling the subsequently filed divorce case may wish to consolidate or also make the Emergency Petition for Order of Protection proceeding part of the divorce case once it is filed. Courts can do this to avoid confusion and so that overlapping of similar issues are not being taken up in two (2) different proceedings, possibly by different Judges, in the same Circuit Court.
Spouses can file for a no-fault divorce in Illinois, as long as they have lived separate and apart for at least two years and state that irreconcilable differences ended their marriage. This two-year separation period may be waived "upon written stipulation of both spouses, filed with the court."
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