How Long Does It Take to Get Divorced in Illinois?

 Posted on October 29, 2024 in Divorce

Divorce can be a difficult and emotionally charged process, and the most common concern people often have is how long it will take. The length of a divorce can vary depending on a number of factors, including the complexity of the case and whether both parties are in agreement. 

In Illinois, the divorce process is governed by state laws that outline specific requirements, like waiting periods and other procedural steps. If you are considering divorce, a knowledgeable family law attorney can help you get a better understanding of the timeline.

What Is the Minimum Waiting Period for Divorce in Illinois?

In Illinois, the law requires a minimum waiting period before a divorce can be finalized. However, this requirement has become more flexible under recent updates to the Illinois Marriage and Dissolution of Marriage Act. If both spouses agree to the divorce, there is no mandatory waiting period, and the process can move forward immediately. If the divorce is contested, meaning one spouse does not agree, a six-month separation is required. 

During this time, spouses must live "separate and apart," which does not necessarily require living in different homes. However, they must behave as if they are no longer married, maintaining separate lives and households even if they share the same physical space.

How Long Does an Uncontested Divorce Take?

An uncontested divorce, in which both spouses agree on all major issues, typically moves faster than a contested one. Depending on how quickly the court can process the paperwork, an uncontested divorce can take as little as two to three months from the date of filing.

Key factors that can influence the timeline for an uncontested divorce include:

• Court availability: The time it takes to get a hearing depends on the local court’s schedule.

• Completeness of paperwork: If all documents are filed correctly and on time, the process can move forward without delays.

• Parenting agreements: If children are involved, both parents must submit a parenting plan for court approval, which may extend the timeline if revisions are needed.

How Long Does a Contested Divorce Take?

A contested divorce, where the spouses do not agree on key issues, can take anywhere from several months to over a year. These divorces often involve negotiations, mediation, or even a trial to resolve disputes.

Some factors that may lengthen the process include:

• Disagreements over property division or financial support

• Custody disputes or concerns about the well-being of children

• The need for expert testimony or financial evaluations.

Can I Speed Up the Divorce Process?

While certain steps in the divorce process are unavoidable, there are ways to help your divorce move forward:

• Cooperate with your spouse: Work together to resolve as many issues as you can before filing. 

• Ensure paperwork is complete: Collaborate with your attorney to make sure all required documents are accurate and submitted on time.

• Consider mediation: Mediation allows both parties to work with a neutral third party to reach an agreement. It is often faster and less expensive than a trial.

Contact a Kane County Divorce Attorney

If you are considering divorce, it is important to understand the legal process and how long it might take. An experienced St. Charles, IL divorce attorney at Shaw Sanders, P.C. can help you navigate the intricacies of divorce law to resolve your case as quickly as possible. Contact us today at 630-584-5550 to schedule a free consultation.