Divorce can be a complex and emotionally taxing process, and one of the most common concerns is “How long does divorce take?” In Illinois, the length of a divorce depends on several factors, including whether the divorce is contested or uncontested, the complexity of the issues involved, and the court’s schedule. Understanding the legal requirements and steps involved can help individuals navigate the process more efficiently and set realistic expectations.
Uncontested Divorce Timeline
An uncontested divorce occurs when both spouses agree on all major issues, such as property division, child custody, and spousal support. This type of divorce is typically the quickest to finalize. In Illinois, an uncontested divorce can take as little as two to three months from the time the paperwork is filed to when the judge grants the final divorce decree. However, the timeline can be extended if the court has a backlog of cases. Properly preparing and filing paperwork can help minimize delays and ensure a smoother process.
Additionally, spouses who opt for mediation or collaborative divorce strategies may be able to further reduce the time required. While mediation takes some additional effort up front, it can significantly reduce conflicts and lead to quicker resolution. To learn more about uncontested divorce, check out our article titled “How Long Does an Uncontested Divorce Take in Illinois?”
Contested Divorce Timeline
A contested divorce occurs when spouses disagree on one or more issues, requiring negotiations, mediation, or even a trial to resolve disputes. This process can significantly extend the timeline. A contested divorce in Illinois can take anywhere from six months to two years or more, depending on the complexity of the case. The need for court hearings, legal motions, and possible appeals can cause further delays.
The duration of a contested divorce largely depends on how willing both parties are to negotiate. If one party is unwilling to compromise, the case may drag on, requiring more court involvement and legal fees. Seeking early legal advice and engaging in settlement discussions can sometimes expedite the process and lead to a more amicable resolution.
Mandatory Waiting Period
Illinois does not have a mandatory waiting period for divorce if both spouses agree that the marriage is irretrievably broken. However, if one spouse contests the divorce, the court may require a six-month separation period before proceeding. This requirement is meant to ensure that both parties have had adequate time to consider their decision and explore potential reconciliation.
To learn more about waiting periods, check out our article titled “Divorce Waiting Periods By State.”
Factors That Influence Divorce Length
Several factors can impact how long a divorce takes in Illinois:
- Level of Agreement: The more issues the spouses agree on, the faster the process.
- Court Availability: A busy court system may delay hearings and case processing.
- Children Involved: Disputes over child custody and support can extend the process.
- Asset Division: Complex financial assets or disputes over property can prolong negotiations.
- Spouse Cooperation: Willingness to negotiate and compromise speeds up the process.
- Legal Representation: The experience and efficiency of the attorneys involved can affect the timeline.
- Required Documentation: Properly gathering and filing all necessary documents can prevent administrative delays.
Expedited Divorce Options
Illinois offers a streamlined divorce process called a Joint Simplified Divorce, which is available for couples who meet specific criteria, such as having no children, minimal assets, and agreeing on all terms. This process can take as little as a few weeks to a couple of months. Eligibility criteria typically include:
- Marriage lasting less than eight years
- No children together
- Joint income under a certain threshold
- Agreement on all aspects of property and debt division
Couples who qualify for this type of divorce can benefit from reduced legal fees and a much faster resolution compared to traditional divorce proceedings. To read the full list of requirements, check out 750 ILCS 5/452 which governs Joint Simplified Divorces.
Conclusion: How Long Does Divorce Take in Illinois?
The timeline for divorce in Illinois varies based on individual circumstances. While an uncontested divorce may be finalized within a few months, a contested divorce can take significantly longer. Seeking legal guidance and maintaining open communication with your spouse can help expedite the process and reduce stress. If you’re considering divorce, consulting with an experienced family law attorney can provide clarity on what to expect in your situation.
Additionally, preparing in advance by gathering necessary financial documents, understanding state laws, and setting clear priorities can help streamline the process. Divorce is never easy, but taking proactive steps and seeking professional guidance can make it more manageable and efficient.
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 Does Divorce Take 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 about How Long Does Divorce Take in Illinois?
Published by Dustin Koth on February 21, 2025
