Divorce can be a complex and emotionally challenging process, and there are situations where one or both parties may wish to put the proceedings on hold temporarily. In Illinois, the law recognizes the need for flexibility in divorce cases and provides mechanisms for temporarily delaying divorce proceedings. In this article, we will answer the question, “How long can a divorce be put on hold in Illinois?” Keep reading to learn the applicable statutes and circumstances that allow for such delays.
Temporary Holds in an Illinois Divorce
Illinois law allows a divorce to be put on hold in certain situations, often referred to as “stays” or “continuances.” These delays can be temporary and may be requested by either party or ordered by the court. Here are some common scenarios in which a divorce may be temporarily put on hold:
- Attempt at Reconciliation: Illinois law encourages spouses to reconcile whenever possible. If both parties express a genuine desire to try reconciliation, the court may grant a temporary hold. The duration of this stay depends on the circumstances of your case but it typically ranges from 30 to 120 days.
- Pending Mediation: Mediation is a valuable tool for resolving disputes in divorce cases. If mediation is pending or ongoing, the court may put the divorce proceedings on hold to allow the parties time to negotiate and reach an agreement. The length of the hold varies based on the progress of mediation.
- Temporary Relief Hearings: In some cases, temporary relief hearings may be held to address issues like child custody, spousal support, or child support while the divorce is pending. The court may put the divorce on hold until these issues are resolved. This ensures children are taken care of while parents are physically separated but not legally separated yet.
- Legal Process Delays: Sometimes, external factors like pending criminal charges, bankruptcy proceedings, or other legal matters may necessitate a delay in the divorce case until these issues are resolved. The duration of the hold depends on the specific circumstances. Divorce proceedings themselves also take time. Sometimes a judge may have many other cases to work on and may push hearings off if there are not available times to hear your case. This is especially true if you are in a larger city or a town with a large population. Most states also have certain waiting periods as well. If you want to learn more about waiting periods check out “Divorce Waiting Periods By State.”
- Military Service: If one of the spouses is in the military and is deployed or on active duty, the Servicemembers Civil Relief Act (SCRA) may allow for a temporary stay of divorce proceedings.
Alternative Options
If you are the petitioner (the one who filed for the divorce), then you can also dismiss the case to get more time. It is important to remember that if you dismiss your case, then you must start from the beginning of the process if you decide to follow through with your divorce. This means you will have to file documents and pay court fees again.
If you are the respondent, then you cannot dismiss the case. You can, however, take whatever time the court gives you to file your answer to the petition, or you can introduce a motion to extend your time to answer if you can explain your reason.
To learn more about how long divorce cases can take, check out “How Long Does It Take to Get Divorced If Both Parties Agree?”
Applicable Statutes
In Illinois, the statutes that govern divorce proceedings and the ability to put a divorce on hold are primarily found in the Illinois Marriage and Dissolution of Marriage Act (IMDMA). The IMDMA outlines the legal framework for divorce, including procedures and grounds for divorce, property division, child custody, and more. Many states have something similar, so it is important to check out the laws in your jurisdiction. It may be helpful to read through the exact language of these laws before going to court.
The general bill is called 750 ILCS 5/ and the specific sections come after. Specific sections of the IMDMA that may be relevant to putting a divorce on hold include:
- 750 ILCS 5/401: This section addresses the grounds and procedures for divorce in Illinois.
- 750 ILCS 5/403: This section discusses the requirement for a period of separation before a divorce can be granted.
- 750 ILCS 5/502: This section covers the division of property and debts in a divorce.
- 750 ILCS 5/504: This section outlines the criteria for spousal support (alimony) awards.
- 750 ILCS 5/506: This section addresses child custody and visitation matters.
Conclusion: How Long Can a Divorce Be Put on Hold in Illinois?
Illinois law recognizes the need for flexibility in divorce proceedings, and divorce can be temporarily put on hold in various circumstances, including attempts at reconciliation, pending mediation, temporary relief hearings, legal process delays, and military service obligations. The duration of the hold depends on the specific circumstances and can vary widely.
If you are considering putting your divorce on hold or have questions about your divorce case in Illinois, it is essential to consult with an experienced family law attorney, like those at KGN Law Firm, who can provide guidance based on your unique situation and help you navigate the legal process effectively.
MEET WITH AN ILLINOIS FAMILY LAW ATTORNEY TODAY
The Family Law attorneys at Koth Gregory & Nieminski understand that your family is the top priority, which is why we offer SAME-DAY APPOINTMENTS. If you need a divorce or other family law services, you can schedule your first meeting through our online appointment calendar. We look forward to meeting you.
Disclaimer: This article (How Long Can a Divorce Be Put on Hold in Illinois?) may contain information that is outdated as Illinois law continuously evolves. Meeting with an experienced family law attorney is the best way to ensure you are receiving the most current information on How Long Can a Divorce Be Put on Hold in Illinois?
Published by Dustin Koth on September 30, 2024
