How Long Does Divorce Take in Illinois?

In Japan, a married couple who wants a divorce can sign a kyogi rikon, or “divorce by agreement,” contract. As long as they mutually agree, they can sign the contract and bypass a judge or court hearings. They don’t even need any legal grounds, and the paperwork can be processed on the same day. That means a couple can wake up, download the contract, sign it, file it at the local ward office, and be divorced by lunch.

Of course, the key words are “mutually agree.”

If there is a dispute over property or support, they’ll have to deal with the courts and attorneys like any other divorcing couple.

That’s not necessarily a bad thing. Having the guidance and support of an experienced Illinois family law attorney can ensure that you’ll be treated fairly and that the financial future for you and your children will be secure.

As you head into a divorce, it helps to understand what to expect in terms of a timeline. That will help you plan out what needs to happen next.

Requirements for No-Fault Divorce in Illinois

How long your divorce will take depends on what matters need to be resolved. Illinois is a pure no-fault divorce state. The Illinois Marriage and Dissolution of Marriage Act defines a no-fault divorce as a marriage with irreconcilable differences where future reconciliation is not likely.

With a no-fault divorce, you don’t have to explain a lack of communication or falling out of love. Even if one spouse is caught in an affair, it would still be considered a no-fault divorce.

Statutorily, at least one resident must have lived in the state for at least 90 days before filing; however, the same statute allows that the clock includes “next preceding the commencement of the action or the making of the finding.” This means you can file immediately and still satisfy those 90 days before judgment. There is no pre-filing waiting period.

Only one spouse needs to make the declaration. In other words, a spouse can’t block a divorce by refusing to agree.

Although every divorce is considered no-fault, they will fall into two distinct categories: contested or uncontested.

An uncontested divorce happens when both spouses agree on all the major issues that need to be decided, such as property division, child custody, and support. These matters still go through negotiation, but for the most part, the couple reaches an agreement and presents it to a judge for approval.

A divorce is contested when the spouses can’t agree on one or more issues. That doesn’t mean anyone is being unreasonable. It means a judge will decide what the parties could not.

Average Timeline for Illinois Divorce Proceedings

Now that you have a sense of the types of divorce, you can consider the possible timeline for your divorce.

Here are the timelines to consider:

Joint Simplified Dissolution: one week to one month. This is considered a “fast track” for couples with no children, minimal assets (less than $50,000 after debts), and full agreement. They should also have been married for fewer than eight years. Also, neither party should be dependent on the other for support, or they both can waive it.

Uncontested Divorce: 2 to 4 months. This is what you can expect with spouses who agree on all property, debt, and custody terms before filing. These terms are typically worked out through the couple’s attorneys.

Contested Divorce: 6 months to 2+ years. When there are disputes, your case could need discovery, mediation, temporary hearings, and potentially a trial.

A typical divorce trial can last 3 to 4 days. However, 90% of divorces are settled out of court. Before the official ruling, the court may put temporary support orders in place to cover financial support and parenting time. Those temporary orders often become the template for the final judgment.

Get Expert Representation for Your Illinois Divorce

It is understandable that you would want to speed up your divorce. Once the decision has been made, you want to get the next chapter of your life started as soon as possible. If you have kids, you want to establish a sense of normalcy. The quickest way to resolve your divorce is to start with a skilled divorce attorney.

The attorneys at Davis & Associates have helped many couples reach fair divorce resolutions. We charge a flat monthly fee and do not bill hourly. Our attorneys bring the necessary mediation skills to work through even the most contentious issues. When we represent someone in a divorce, we take the time to understand their needs and concerns. We want to help them find a path forward with as little stress as possible.

Will every divorce be harmonious? There is no guarantee. However, we provide a strong sense of calm and fairness that helps everyone get to the right place. If you’re considering divorce or have already been served with papers, we should talk. Call to set up a consultation to get your questions answered about your next steps. We’ll help you get through this.