Understanding Illinois Divorce Timelines
An overview of how long divorce proceedings typically take in Illinois and the key factors that influence the timeline.
- Illinois eliminated mandatory waiting periods for couples who agree on all terms
- Uncontested divorces can potentially be finalized in as little as 2-4 weeks
- Contested divorces may take 6 months to over a year depending on complexity
- Court schedules and caseloads in your county affect timing
Uncontested vs. Contested Divorce: How Each Affects Your Timeline
Explaining the difference between uncontested and contested divorces and how agreement between both spouses dramatically impacts speed.
- Uncontested divorce: both spouses agree on all issues including property, custody, and support
- Contested divorce: couples cannot agree and require court intervention to resolve disputes
- Reaching agreement on child custody and children's issues often takes the longest
- Mediation can help couples agree faster than traditional litigation
Illinois Divorce Filing Requirements
The legal requirements you must meet before filing for divorce in Illinois courts.
- At least one spouse must be an Illinois resident for 90 days before filing
- You must file in the circuit court of the county where you or your spouse resides
- Illinois is a no-fault divorce state requiring only irreconcilable differences
- All required documents must be properly completed and filed with the court
Factors That Can Speed Up Your Illinois Divorce
Practical steps couples can take to expedite the divorce process.
- Agree on all major issues before filing including property division and parenting time
- Gather all financial documents early in the process
- Work with an experienced family law attorney to avoid filing errors
- Consider joint simplified dissolution if you qualify
- Respond promptly to all court requests and deadlines
Factors That Can Delay Your Illinois Divorce
Common obstacles that extend divorce proceedings beyond the minimum timeline.
- Disputes over child custody and parenting arrangements
- Complex property division involving businesses or significant assets
- Disagreements about spousal maintenance or child support
- One spouse being uncooperative or difficult to locate
- Court backlogs, particularly in larger counties like Cook County
Month-by-Month: What to Expect During Illinois Divorce Proceedings
A general timeline breakdown of divorce proceedings from January through December filing scenarios.
- Initial filing and service of process: 1-4 weeks
- Discovery and financial disclosure: 1-3 months for contested cases
- Negotiation or mediation: varies based on cooperation
- Trial preparation and court dates: may add several months in contested matters
- Final judgment entry: timing depends on court availability
Working with an Illinois Divorce Attorney
How legal representation can help streamline your divorce and protect your interests.
- An attorney can help identify the fastest path to resolution for your situation
- Legal guidance helps avoid costly mistakes that cause delays
- Experienced attorneys understand local court procedures and judges
- Representation is especially valuable when children or significant assets are involved
Get a Confidential Case Assessment
Every divorce situation is unique. Contact Steele Family Law today to discuss your circumstances and learn how we can help you navigate the Illinois divorce process efficiently. Schedule your consultation to get personalized guidance on your timeline and options.
Schedule Free ConsultationFrequently Asked Questions
What is the fastest you can get a divorce in Illinois?
In Illinois, an uncontested divorce where both spouses agree on all issues can potentially be finalized in as little as 2-4 weeks after filing, depending on court schedules. There is no mandatory waiting period for couples who have lived separate and apart or who agree that the marriage is irretrievably broken.
How long does a contested divorce take in Illinois?
Contested divorces in Illinois typically take 6 months to over a year, sometimes longer. The timeline depends on the complexity of issues like child custody, property division, and how willing both parties are to negotiate. Cases requiring trial can extend the process significantly.
Do I have to wait 6 months to get divorced in Illinois?
No, Illinois eliminated the 6-month separation requirement. Couples who agree that irreconcilable differences have caused the irretrievable breakdown of their marriage can proceed without any mandatory waiting period.
Can I get a divorce in Illinois if my spouse doesn't agree?
Yes, you can still get a divorce in Illinois even if your spouse doesn't agree. Illinois is a no-fault state, so you don't need your spouse's permission. However, a contested divorce will take longer and require court intervention to resolve disputed issues.
What is a joint simplified dissolution in Illinois?
A joint simplified dissolution is a streamlined divorce process available to couples who meet specific criteria, including no children, limited property and debt, short marriage duration, and agreement on all terms. This process can be completed quickly, sometimes in a single court appearance.
How does having children affect divorce timeline in Illinois?
Having children typically extends the divorce timeline because the court must approve parenting plans, custody arrangements, and child support calculations. Disputes over children's issues are among the most common reasons divorces become contested and take longer to resolve.