How long does it take to get a divorce in Illinois?
Walter Jackowiec III
Illinois managing attorney at Marble Law
Key Takeaways
- How long it takes to get a divorce in Illinois varies depending on the circumstances of the case.
- Overall, uncontested divorces in Illinois may take as little as 60 days after filing.
- In general, contested divorces in Illinois may take up to 30 months to finalize.
- In general, contest Divorces that involve children and significant assets tend to take longer to resolve divorces in Illinois may take up to 30 months to finalize.
The time it takes to get a divorce in Illinois—or any state—depends on the issues in the case. Often, this comes down to whether the divorce is uncontested or contested.
In an uncontested divorce, the spouses agree on all terms of the divorce. They write a divorce settlement agreement specifying these terms and present it to a judge for approval.
Although an uncontested divorce doesn’t go to trial, it still can take time for the spouses to reach an agreement on everything. They may negotiate themselves or with lawyers, or use alternative dispute resolutions such as mediation or collaborative divorce. However, these proceedings tend to resolve the issues of a divorce in a quicker fashion than going to trial does. If both parties agree to the terms of the divorce, a judge may grant the divorce within about 60 days of the filing date.
In a contested divorce, the spouses disagree on one or more of the issues of the divorce. Most of the time, a contested divorce goes to trial, where a judge decides the terms of the divorce. Trials can be lengthy, involving time for each spouse to disclose evidence to the other and then present their side to the judge. All of this can add up to 12 to 18 months, and sometimes longer, to finalize the divorce.
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Factors that add time to a divorce case
Some of the most common reasons a divorce may take longer are:
- Children
- Significant assets
- Court processing times
Let’s discuss each of these.
Children: If children are involved and parenting time and custody is an issue, the courts will have a GAL(guardian ad litem) appointed for the children. This licensed attorney investigates the facts of the case and often interviews all relevant parties to get a better understanding of the full picture of the situation. Once they determine what is in the child’s best interest, they present their recommendation to the judge. All of this can add months to a case.
Significant assets: If assets are a major item, you may need valuations for certain items or subpoenas issued to get records of various financial accounts. You may also need to hire a forensic accountant to help determine which assets belong to one spouse versus both spouses, review all of your accounts and ensure your spouse isn’t trying to hide assets.
Court processing times: Even if you file everything on time and have an uncontested divorce, your divorce may take longer than expected if the court is backlogged with paperwork. And if your divorce is contested, you may have to wait until there’s an opening in the schedule to set the date for your trial.
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