How Long Does Divorce Take in Illinois?

In Illinois, the length of a divorce depends on how much spouses agree and how complex the case is.
An uncontested divorce may be finalized in as little as a few months, while a contested divorce involving property, custody, or financial disputes can take six months to two years or longer. Court scheduling, required paperwork, and negotiation time all play a role in how quickly a divorce is completed.

Quick Takeaways

Illinois does not require a mandatory waiting period if both spouses agree the marriage is irretrievably broken.
Uncontested divorces may be finalized in a few months if paperwork is complete and the court schedule allows.
Contested divorces often take six months to two years or more, depending on disputes.
Property division is governed by 750 ILCS 5/503 and can affect timing.
Issues involving children are decided under allocation of parental responsibilities, not “custody.”

Divorce Timelines in a Broader Context

Across the United States, divorce timelines vary widely. Some states impose mandatory cooling-off periods, while others require months or even a year of separation before a divorce can be finalized. Illinois takes a more flexible approach, focusing less on arbitrary timelines and more on whether the marriage has truly broken down.

This approach allows some couples to move through the process relatively quickly, while still giving courts the authority to slow things down when disputes require careful review.

Illinois Divorce Law and Timing

Under 750 ILCS 5/401(a), Illinois follows a no-fault divorce system. The only ground for divorce is that the marriage has suffered an irretrievable breakdown.

Illinois also requires that at least one spouse has lived in the state or been stationed here as a member of the armed services for a minimum of 90 days before a divorce case can be filed. This residency requirement is separate from any separation or waiting period and does not affect how long the divorce takes once the case is properly before the court.

If both spouses agree that the marriage is irretrievably broken, the court may proceed without any mandatory waiting or separation period. If one spouse disagrees, a six-month separation is considered irrefutable proof of irreconcilable differences under the statute.

Important clarification: When estimating how long a divorce may take in Illinois, it’s important to understand that the six-month separation rule does not delay when a case can be filed. Instead, Illinois law looks at whether the spouses have lived separate and apart for at least six continuous months by the time the court enters the final divorce judgment. In many cases, this means the six-month period runs while the case is already pending, rather than before it begins.

Illinois courts have addressed how these standards apply in real cases, including In re Marriage of Tedrick, 2015 IL App (4th) 140773, which illustrates how judges evaluate separation and irretrievable breakdown arguments.

Uncontested Divorce Timeline

An uncontested divorce occurs when both spouses agree on all major issues, including property division, spousal maintenance, and—if applicable—the allocation of parental responsibilities and parenting time.

When everything is agreed upon and properly documented, an uncontested divorce in Illinois can often be completed in two to three months. Delays usually stem from incomplete filings or court scheduling issues, not legal requirements.

Contested Divorce Timeline

A contested divorce involves disagreement over one or more issues, such as finances, parenting arrangements, or support. These cases require negotiation, mediation, and sometimes trial. This process can significantly extend the timeline.

Because the court must resolve disputed issues, contested divorces often take six months to two years or longer. The more issues that are disputed—and the less willing the parties are to compromise—the longer the case is likely to last.

What Must Be Proven When Timing Is Disputed

When one spouse challenges whether the divorce should move forward, courts focus on specific factors, including:

Whether the marriage has suffered an irretrievable breakdown
Whether the spouses have lived separate and apart for at least six months
Whether reconciliation efforts would be impracticable or futile
The credibility of each spouse’s testimony

These factors guide the court’s decision on whether the case can proceed.

Property Division and Parenting Issues

Disputes over marital property are governed by 750 ILCS 5/503, which requires courts to divide property equitably rather than equally. Complex assets or valuation disputes can significantly extend a divorce timeline.

Issues involving children are addressed under 750 ILCS 5/602.5 and 750 ILCS 5/602.7, which govern the allocation of parental responsibilities and parenting time. Parenting disputes are among the most common reasons divorce cases take longer than expected.

What Factors Affect How Long a Divorce Takes in Illinois?

Several practical and legal factors can affect how long a divorce takes to finalize in Illinois:

Level of Agreement: The more issues spouses can resolve by agreement, the faster the case typically moves.
Court Availability: Court calendars, judicial assignments, and staffing levels can impact scheduling.
Children Involved: Disputes over the allocation of parental responsibilities and parenting time often extend timelines.
Property Division: Cases involving complex assets or valuation disputes under 750 ILCS 5/503 may take longer.
Spouse Cooperation: Willingness to negotiate in good faith can significantly shorten the process.
Legal Representation: Experienced attorneys help avoid procedural delays and unnecessary motion practice.
Documentation: Prompt, complete financial disclosures and filings reduce administrative setbacks.

These factors often interact, which is why two divorces that look similar on paper can move at very different speeds.

Expedited Divorce Option: Joint Simplified Dissolution

Illinois law provides a streamlined option known as Joint Simplified Dissolution of Marriage for couples who meet specific statutory requirements under 750 ILCS 5/452. When available, this process can significantly shorten the divorce timeline—often to a few weeks to a couple of months.

To qualify, couples generally must meet criteria including:

A marriage lasting less than eight years
No children born to or adopted during the marriage
Limited marital assets and debts
Agreement on all terms, including property and debt division

This option is not available in every case, but for qualifying couples it offers a faster and less costly alternative to traditional divorce proceedings.

General Legal Guidance

Divorce timelines are often shaped by strategy as much as by law. Knowing what the court requires—and what must actually be proven—can help both spouses avoid unnecessary delays. Legal guidance can be especially important when emotions run high or when one spouse believes separation rules are being misunderstood.

For example, many people assume that living together means they are not “separated,” when in reality Illinois law focuses on the breakdown of the marital relationship, not physical addresses. This issue is explored in more detail in our related article, Separated While Living Together in Illinois, which explains how courts analyze separation when spouses still share a home.

When One Spouse Disagrees With the Divorce

When one spouse does not believe the marriage is irretrievably broken, the process can become more complicated. Illinois law still allows the divorce to proceed, but courts expect thoughtful, lawful conduct from both parties.

This may involve allowing time for separation, engaging in good-faith discussions, or participating in mediation. Courts tend to look unfavorably on attempts to delay proceedings purely for leverage or punishment.

How This Plays Out in McLean County Divorce Cases

In McLean County, divorce timelines often depend on judicial availability and how prepared the parties are when they appear in court. Judges expect clear documentation, realistic proposals, and compliance with procedural rules.

Cases with agreed parenting plans and organized financial disclosures tend to move more efficiently, while high-conflict disputes often require multiple court dates and extended timelines.

Understanding local practice can make a meaningful difference in how smoothly a case progresses.

Ready to Talk About Your Situation?

If you are considering divorce and want to understand how long your case might take, speaking with a family law attorney can provide clarity. An initial consultation can help identify potential issues, explain realistic timelines, and outline next steps based on your circumstances.

If you are considering divorce and want guidance tailored to your specific circumstances, you can learn more about our Illinois divorce representation and what to expect when working with our firm.

If you have questions about how long a divorce may take in your situation, speaking with an experienced divorce attorney can help you understand your options and next steps. You may contact our office to request a consultation, and a member of our team will follow up to discuss your situation and explain what to expect.

Meet Your Attorney

Kristin Nieminski is the lead divorce and family law attorney at Koth Gregory & Nieminski, and the primary attorney handling divorce matters for the firm throughout Central Illinois. She is widely respected for her depth of knowledge, strategic judgment, and steady guidance in complex and emotionally charged family law cases.

Kristin focuses her practice almost exclusively on divorce and domestic relations, including contested and uncontested divorces involving property division, spousal maintenance, and the allocation of parental responsibilities. Because divorce is her primary area of concentration, she brings a high level of experience and perspective to issues that frequently determine how long a case will take and how smoothly it will proceed.

Clients often turn to Kristin at moments of uncertainty—when they are trying to understand separation requirements, anticipate divorce timelines, or decide how to approach negotiations or litigation. She is known for setting realistic expectations, explaining the legal process clearly, and tailoring strategies to the specific facts of each case rather than relying on one-size-fits-all solutions.

As the firm’s primary divorce attorney, Kristin represents clients in McLean County and throughout Central Illinois, earning a reputation for thorough preparation, credibility with the court, and professional, effective advocacy. Her approach combines legal precision with practical problem-solving, helping clients move forward with clarity and confidence.

Frequently Asked Questions

How fast can a divorce be finalized in Illinois?

Some uncontested divorces in Illinois may be finalized in a few months once all legal requirements are met. The exact timing depends on factors like court scheduling, completion of required separation periods, and whether the spouses agree on all issues.

Is there a waiting period for divorce in Illinois?

It depends. Illinois does not impose a mandatory waiting period if both spouses agree the marriage is irretrievably broken and the 90-day residency requirement is met. If residency has not been established or one spouse does not agree to the divorce, additional time may be required.

Do you have to wait six months to file for divorce in Illinois?

No. Illinois law does not require the six-month separation period to be completed before filing for divorce. The requirement applies to the six months immediately before the court enters the final divorce judgment.

When does the six-month separation period start in Illinois?

The six-month separation period begins when spouses start living separate and apart, which may include living separately within the same household. The law looks at whether this six-month period is satisfied immediately before the divorce judgment is entered.

Does separation require living apart?

Not necessarily. Illinois focuses on whether the marriage has broken down, not solely on whether spouses live in different homes. In some cases, spouses may be considered separated while living under the same roof.

Does the six-month separation period affect how long a divorce takes?

Yes, but only in terms of when the court can enter the final judgment. The six-month separation period does not delay filing, but the divorce generally cannot be finalized until the requirement is met.

Why do contested divorces take so long?

Contested divorces take longer because disputes over finances, property, or parenting issues require court involvement. Hearings, discovery, and negotiations can significantly extend the overall timeline.

Published: February 21, 2025
Last Updated: January 1, 2026

Legal Disclaimer

This article is for general informational purposes only and does not constitute legal advice. Reading this article does not create an attorney-client relationship. Divorce laws may change, and outcomes depend on individual circumstances. Do not send confidential information through this website.