Illinois Divorce Waiting Period: How Long Does Divorce Actually Take?

12 min read
By Jonathan D. Steele
Illinois Divorce Waiting Period: How Long Does Divorce Actually Take?
By Jonathan D. Steele, Family Law Attorney at Beermann LLP

When you've made the difficult decision to end your marriage, waiting months or even years for the divorce to be finalized can feel unbearable. I've sat across from countless clients who ask the same urgent question: "How long will this take?" The truth is, Illinois divorce timelines vary dramatically based on your specific circumstances, but understanding the mandatory waiting periods and strategic options available can help you navigate the process more efficiently.

After handling hundreds of divorce cases in Illinois courts, I've seen uncontested divorces finalize in as little as 30 days and contentious battles stretch beyond two years. The key difference? Preparation, cooperation, and understanding how to work within Illinois's legal framework. Let me break down exactly what you need to know about divorce timelines in Illinois, including the mandatory waiting periods, realistic expectations for different case types, and proven strategies to expedite your case.

Table of Contents

  1. Understanding Illinois's Mandatory Waiting Period
  2. The Evolution of Illinois Divorce Law
  3. Timeline Breakdown by Divorce Type
  4. Factors That Impact Your Divorce Timeline
  5. Strategies to Expedite Your Illinois Divorce
  6. Common Mistakes That Delay Divorce Proceedings
  7. Special Circumstances and Exceptions
  8. The Court Process: What to Expect
  9. When to Hire an Attorney
  10. Frequently Asked Questions

Understanding Illinois's Mandatory Waiting Period

Let's address the most pressing question first: Illinois does not have a mandatory waiting period for divorce. This represents a significant change from the pre-2016 law, which required couples to live "separate and apart" for specific periods before filing.

Under the current Illinois Marriage and Dissolution of Marriage Act (IMDMA), specifically 750 ILCS 5/401, you can file for divorce immediately upon meeting residency requirements (90 days in Illinois). There's no cooling-off period, no mandatory separation, and no waiting to file. However, this doesn't mean your divorce will be instant.

The Reality of Processing Time

While there's no statutory waiting period, practical timelines still apply:

The absence of a waiting period simply means you can start the process immediately. How long it takes to finish depends entirely on your specific circumstances.

The Evolution of Illinois Divorce Law

To understand current timelines, it's helpful to know how we got here. Prior to January 1, 2016, Illinois required:

The Illinois legislature eliminated these requirements through Public Act 99-90, recognizing that forced waiting periods often increased conflict and legal costs without improving outcomes. This change aligned Illinois with the growing trend toward no-fault divorce nationwide.

Case Law Impact

The Illinois Supreme Court's decision in In re Marriage of Kasprzyk, 2019 IL App (4th) 170838, reinforced that courts cannot impose artificial delays beyond statutory requirements. This case involved a judge who attempted to mandate counseling before proceeding with divorce, which the appellate court struck down as exceeding judicial authority.

Timeline Breakdown by Divorce Type

Let me share realistic timelines based on my experience handling each type of case:

Uncontested Divorce (30 days - 6 months)

An uncontested divorce in Illinois represents the fastest path to dissolution. When both parties agree on all issues—property division, spousal support, child custody, and support—the process can move remarkably quickly.

Typical Timeline:

I recently handled an uncontested divorce for a couple with no children and minimal assets. We filed on March 1st and had the final judgment entered on April 5th—just 35 days start to finish.

Contested Divorce (6 months - 2+ years)

When spouses disagree on major issues, the timeline extends significantly:

Phase 1: Filing and Response (30-60 days) Phase 2: Discovery (3-9 months) Phase 3: Negotiation and Mediation (2-6 months) Phase 4: Trial Preparation and Trial (3-12 months)

Default Divorce (30-60 days)

When one spouse doesn't respond to divorce papers:

  1. File and serve: Day 1-14
  2. Wait for response: 30 days
  3. File for default: Day 31
  4. Default hearing: 2-4 weeks later
  5. Final judgment: Same day as hearing

Factors That Impact Your Divorce Timeline

Through my practice, I've identified the primary factors that either expedite or delay divorce proceedings:

Factors That Speed Up the Process

  1. Complete financial disclosure upfront
  1. Pre-negotiated agreements
  1. Effective legal representation
  1. Cooperative approach

Factors That Cause Delays

  1. Hidden assets or financial complexity
  1. High-conflict custody disputes
  1. Court scheduling issues
  1. Discovery disputes

Strategies to Expedite Your Illinois Divorce

Based on hundreds of cases, here are proven strategies to minimize your timeline:

1. File First and File Correctly

Being the petitioner provides strategic advantages:

Learn how to file for divorce in Illinois correctly from the start to avoid delays from amended pleadings.

2. Utilize Joint Simplified Dissolution

For qualifying couples, Illinois offers Joint Simplified Dissolution under 750 ILCS 5/452:

Requirements:

This process can finalize in as little as 30 days.

3. Embrace Alternative Dispute Resolution

Mediation Success Rates: Collaborative Divorce Benefits:

4. Strategic Use of Bifurcation

Under 750 ILCS 5/401(b), courts can grant divorce while reserving other issues. I've used this strategy when:

Example: In In re Marriage of Leopando, 96 Ill. App. 3d 114 (1st Dist. 1975), the court approved bifurcation where resolving property issues would cause unreasonable delay.

5. Leverage Technology

Modern practice allows:

These tools can shave weeks or months off traditional timelines.

Common Mistakes That Delay Divorce Proceedings

After witnessing countless avoidable delays, I urge clients to avoid these pitfalls:

1. Hiding Assets or Income

Consequences: Recent Example: In a 2023 Cook County case, concealment of cryptocurrency assets added 14 months and $75,000 in additional costs to what should have been a 6-month divorce.

2. Using Children as Weapons

Impact on Timeline: Legal Consequences: Under 750 ILCS 5/607.2, courts must consider actions that unreasonably interfere with parenting time when allocating decision-making.

3. Rejecting Reasonable Settlement Offers

I've seen cases where pride or emotion led to rejecting fair offers:

Remember: Litigation is expensive. A reasonable settlement today often beats a "perfect" outcome two years from now.

4. Incomplete Financial Disclosure

Common Oversights:

Each missing document can add 30-60 days through motion practice and court hearings.

5. Social Media Mistakes

Digital evidence increasingly impacts divorce cases:

Special Circumstances and Exceptions

Certain situations warrant unique approaches:

Emergency Orders

When safety concerns exist, courts can act immediately:

These don't finalize divorce but address urgent needs while the case proceeds.

Military Divorce Considerations

Service members receive special protections under the Servicemembers Civil Relief Act (SCRA):

International Complications

Cross-border divorces face unique challenges:

I recently handled a divorce involving Swiss bank accounts and property in three countries—it took 28 months despite both parties cooperating.

The Court Process: What to Expect

Understanding the procedural timeline helps manage expectations:

Cook County Domestic Relations Division

Typical Case Flow:
  1. Filing: Case assigned to calendar within 24 hours
  2. Case Management: First conference 30-45 days
  3. Status Hearings: Every 60-90 days
  4. Pre-trial Conference: 6-9 months
  5. Trial: 9-18 months (if needed)

Suburban Counties

DuPage, Lake, and Will Counties often move faster:

Downstate Variations

Rural counties may have:

When to Hire an Attorney

While self-representation is possible, an attorney becomes essential when:

Complexity Factors

  1. Significant Assets
  1. Children Involved
  1. Spousal Maintenance

Cost-Benefit Analysis

Attorney Investment: Potential Savings:

In my experience, skilled representation typically pays for itself through better outcomes and faster resolution.

Strategic Timing Considerations

Tax Implications

Timing your divorce can significantly impact taxes:

Insurance Coverage

Retirement Accounts

Frequently Asked Questions

Q: Is there a mandatory waiting period for divorce in Illinois?

A: No. Illinois eliminated mandatory waiting periods in 2016. You can file for divorce immediately upon meeting the 90-day residency requirement. However, processing time varies based on case complexity and court schedules.

Q: Can we waive any time requirements?

A: Since there's no mandatory waiting period to waive, the question becomes how to expedite the process. Couples can speed things up through uncontested divorce, joint simplified dissolution (if qualifying), or aggressive case management.

Q: What's the fastest possible divorce in Illinois?

A: The absolute fastest I've seen is 30 days for a joint simplified dissolution. For typical uncontested divorces, expect 45-60 days. Even "fast" contested divorces rarely finish in under 6 months.

Q: How long do I have to live in Illinois before filing?

A: Either spouse must be an Illinois resident for at least 90 days before filing. This is the only true "waiting period" in Illinois divorce law.

Q: Can my spouse delay the divorce indefinitely?

A: No. While an uncooperative spouse can cause delays through various tactics, Illinois courts have tools to move cases forward, including default judgments and sanctions for obstruction.

Q: Does legal separation have different timing?

A: Legal separation follows similar timelines to divorce. Some couples use it as a faster alternative when religious or insurance considerations prevent divorce.

Conclusion: Taking Control of Your Timeline

Understanding Illinois divorce timelines empowers you to make strategic decisions about your case. While we can't control every factor—court schedules, spouse cooperation, complexity of issues—we can optimize our approach to minimize delays.

The key takeaways:

  1. No mandatory waiting period exists in Illinois
  2. Uncontested cases can finish in 30-60 days
  3. Contested divorces typically take 6-24 months
  4. Preparation and cooperation dramatically impact timing
  5. Strategic legal representation often speeds resolution

Every day of delay costs money, emotional energy, and opportunities to move forward. If you're ready to take control of your divorce timeline, schedule a consultation to discuss your specific situation and develop a strategic plan.

Remember, the question isn't just "how long will divorce take?" but "how can I efficiently achieve my goals while protecting my interests?" With proper planning and experienced guidance, you can navigate Illinois's divorce process as quickly as your circumstances allow.

For more detailed information on Illinois divorce procedures and recent case law updates, visit our Illinois divorce case law resource center.

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Jonathan D. Steele is a partner at Beermann LLP, focusing exclusively on family law matters. With over 15 years of experience in Illinois divorce courts, he has successfully handled hundreds of divorces ranging from simple uncontested matters to complex high-net-worth cases. Contact the office at (847) 260-7330 to discuss your case.

Need Cybersecurity Help? Jonathan D. Steele also provides cybersecurity consulting through Steele Fortress for clients concerned about digital security during divorce.

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Jonathan D. Steele

Written by Jonathan D. Steele

Chicago divorce attorney with cybersecurity certifications (Security+, CEH, ISC2). Illinois Super Lawyers Rising Star 2016-2025.

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