One of the first questions people ask when considering divorce is, “How long will this take?” Unfortunately, there is no one-size-fits-all answer. Some Illinois divorces can be finalized in a matter of weeks after the necessary paperwork is completed, while others may take several months or even longer depending on the complexity of the case.
The timeline for your divorce will depend on numerous factors, including whether you and your spouse agree on important issues, whether you have children, the complexity of your finances, the court’s schedule, and whether contested issues require hearings or a trial.
Understanding what affects the divorce process can help you establish realistic expectations and make informed decisions as your case moves forward. An experienced Chicago divorce attorney can also help identify opportunities to resolve disputes efficiently while protecting your legal rights.
Illinois is a no-fault divorce state, meaning that spouses no longer have to prove wrongdoing such as adultery, abandonment, or cruelty to obtain a divorce. Instead, a divorce may be granted based upon “irreconcilable differences,” meaning the marriage has suffered an irretrievable breakdown and attempts at reconciliation would not be in the family’s best interests.
Unlike many states, Illinois does not impose a mandatory waiting period after filing before every divorce can be finalized. However, certain legal requirements must be satisfied before the court may enter a Judgment for Dissolution of Marriage.
Before an Illinois court can grant a divorce, at least one spouse must have been a resident of Illinois or stationed in Illinois as a member of the armed forces for at least 90 days before the judgment of dissolution is entered.
This residency requirement determines whether the Illinois courts have jurisdiction to grant the divorce. Even if your spouse lives in another state, you may still be able to file in Illinois if you satisfy the residency requirement.
Military families and spouses who recently relocated should speak with an experienced divorce attorney to determine where their divorce should be filed.
Many people mistakenly believe they must live in separate homes for six months before filing for divorce. That is no longer entirely accurate.
Under current Illinois law, spouses must demonstrate that irreconcilable differences caused the irretrievable breakdown of the marriage. If both spouses agree that the marriage cannot be saved, the court may enter a divorce without requiring an extended period of physical separation.
If one spouse disputes whether irreconcilable differences exist, evidence that the spouses have lived separate and apart for at least six continuous months creates an irrebuttable presumption that the marriage has irretrievably broken down.
Importantly, “living separate and apart” does not always require maintaining separate residences. Depending upon the circumstances, spouses may be considered living separate and apart even while residing in the same home if the marital relationship has effectively ended.
Because every family’s circumstances are unique, an attorney can explain how these rules apply to your particular situation.
The single biggest factor affecting how long a divorce takes is whether it is contested or uncontested.
In an uncontested divorce, both spouses reach agreements regarding every issue that must be resolved before the marriage can legally end.
These issues may include:
Once all agreements are reached and the necessary documents are prepared correctly, an uncontested divorce can often be finalized much more quickly than a contested case.
Although every county’s court schedule differs, uncontested divorces generally require fewer hearings and significantly less court involvement.
When spouses disagree on one or more significant issues, the divorce becomes contested.
Even disagreements involving a single issue—such as parenting time, the value of a business, or spousal maintenance—may require additional legal proceedings before the court can enter a final judgment.
Contested divorces often involve:
Each additional step adds time to the overall divorce process.
When children are involved, Illinois courts prioritize protecting their best interests.
Parents must resolve issues concerning:
Illinois courts often encourage parents to negotiate parenting agreements whenever possible. In many counties, mediation is required before certain parenting disputes proceed to trial.
Although these additional procedures may increase the length of the case, they often help parents develop long-term parenting arrangements that reduce future conflict.
The more complicated a couple’s financial circumstances, the longer a divorce may take.
Cases involving significant marital estates frequently require careful investigation before settlement negotiations can occur.
Examples include:
Financial experts, forensic accountants, appraisers, and business valuation professionals may all become involved depending upon the complexity of the marital estate.
Discovery is the formal legal process through which both spouses obtain information and documents relevant to the divorce.
Discovery may include:
If one spouse delays responding or disputes arise over requested information, discovery can significantly increase the overall timeline of the divorce.
In many cases, yes.
Mediation allows spouses to work with a neutral third-party mediator who helps facilitate productive discussions regarding disputed issues.
Rather than allowing a judge to decide every disagreement, mediation gives couples greater control over the outcome while often reducing litigation costs and shortening the overall timeline.
Even if mediation does not resolve every issue, narrowing the areas of disagreement frequently results in a more efficient court process.
Even when both spouses are prepared to move forward, court scheduling can influence how quickly a divorce is finalized.
The Cook County Circuit Court handles thousands of family law cases every year. Hearing availability, judicial assignments, continuances, emergency matters, and courtroom scheduling all affect the timing of individual cases.
An experienced attorney understands local court procedures and can help move your case forward as efficiently as possible.
Although many factors are outside your control, there are several ways you can help avoid unnecessary delays.
Promptly responding to your attorney’s requests for information, organizing financial records, completing required court documents, and remaining open to reasonable settlement discussions can all help your case proceed more efficiently.
Maintaining respectful communication with your spouse whenever possible can also reduce unnecessary disputes that prolong litigation.
Finally, hiring an experienced divorce attorney early in the process can help identify potential issues before they become costly delays.
Every case is different, but uncontested divorces generally move much faster than contested divorces because the spouses have already reached agreements regarding all major issues. Court scheduling and document preparation still affect the final timeline.
Contested divorces may take several months or longer depending on the complexity of the issues, the amount of discovery required, court scheduling, and whether the case proceeds to trial.
While a spouse may delay certain aspects of the litigation through contested issues or discovery disputes, Illinois courts have procedures designed to move cases forward. An experienced attorney can address unnecessary delays and advocate for efficient case management.
Often, yes. Cases involving children require resolution of parenting responsibilities, parenting time, child support, and other issues that frequently require additional negotiation, mediation, or court hearings.
Many couples resolve disputes more quickly through mediation than through litigation. Successful mediation often reduces court appearances and allows spouses to reach mutually acceptable agreements.
Even relatively straightforward divorces can involve significant legal rights and financial consequences. An experienced divorce attorney can ensure that settlement agreements comply with Illinois law and protect your interests both now and in the future.
Every divorce is different, and the timeline for your case depends on the unique facts surrounding your marriage, your finances, and your family. Whether you expect an uncontested divorce or anticipate complex disputes involving children or significant assets, having experienced legal representation can help you navigate the process more efficiently while protecting your rights every step of the way.
At Gordon & Perlut, our Chicago divorce attorneys understand that uncertainty about the future can be overwhelming. We work closely with our clients to explain each stage of the divorce process, develop practical legal strategies, and pursue timely resolutions whenever possible without compromising our clients’ long-term interests.
If you are considering divorce or have questions about what to expect, contact Gordon & Perlut at our Chicago office at 312-360-0250 or call our Skokie office at 847-329-0101 today to schedule a confidential consultation. We can evaluate your circumstances, explain the Illinois divorce process, and help you understand the factors that may affect the timeline of your case.
