Divorce

How Long Does an Illinois Divorce Take and What Affects the Timeline?

Divorce can feel like an endless road when all you want is to move on and rebuild your life. If you’re in Illinois and wondering, “How long is this going to take?”, you’re not alone. It’s one of the most pressing questions for couples navigating this difficult process. The truth? The timeline for a divorce can vary drastically depending on your unique situation.

In this blog, we’ll break down exactly what to expect when it comes to divorce timelines in Illinois. Whether it’s a straightforward case or one with more complexities, we’ll cover the key factors that can speed things up—or slow them down. Our goal is to give you the clarity and tools you need to take control of the process and move forward as quickly and smoothly as possible. 

Types of Divorce in Illinois and Their Timelines

Understanding the different approaches to divorce in Illinois is crucial to estimating how long the process might take. Here’s a breakdown of the most common types, along with their typical timelines.

Uncontested Divorce

An uncontested divorce occurs when spouses agree on everything, including asset division, child custody, and support arrangements. This type of divorce is generally the quickest and simplest to finalize.

• Typical Duration: 2 months to 1 year.
• Why the Timeline Can Vary: Scheduling with the court and ensuring all paperwork is properly filed can cause minor delays.

Contested Divorce

A contested divorce means that the spouses disagree on one or more critical aspects of the divorce. This disagreement often leads to more prolonged court involvement, including hearings and possibly a trial.

• Typical Duration: 6 months to several years.
• Why It Takes Longer: Contested divorces involve more extensive legal proceedings, negotiations, and sometimes even the involvement of mediators or other professionals.

Joint Simplified Divorce

This is the fastest option available but is limited to couples who meet specific qualifications, such as a marriage duration of fewer than eight years, no children, and a mutual agreement on separating assets and debts.

• Typical Duration: 1 week to 1 month.
• Key Advantage: Minimal paperwork and only one court appearance.

Mediated Divorce

Mediation involves a neutral third party helping the couple amicably resolve disputes. This option can save time and reduce costs compared to a contested divorce.

• Typical Duration: 3 months to 1 year.
• Factors Influencing Time: Complexity of disagreements and the willingness of both parties to compromise.

Collaborative Divorce

This approach focuses on collaboration rather than litigation, with both parties and their attorneys working together to reach a mutually beneficial agreement.

• Typical Duration: 8 to 14 months.
• Why It’s Beneficial: While it takes longer than mediation, it’s often a less stressful experience than a contested divorce.

Factors Affecting the Divorce Timeline in Illinois

Successfully predicting how long a divorce will take involves considering several key factors. Here’s what can shorten or lengthen your process:

Complexity of Assets and Debts

Dividing significant assets, such as real estate or retirement accounts, can lead to longer negotiations. Debts also need careful consideration, especially when one party disputes their responsibility.

Level of Conflict

High levels of conflict between spouses typically result in longer proceedings. Disagreements over custody or financial arrangements can add months of back-and-forth negotiations or court hearings.

Presence of Minor Children

Custody, visitation, and child support issues complicate the divorce process. The court prioritizes the best interests of the child, which may involve conducting lengthy investigations or engaging in mediation.

Residency Requirements

Under Illinois law, at least one spouse must have been a resident of the state for 90 consecutive days before filing for divorce. If residency requirements aren’t met, filing must be delayed.

Existing Agreements

If a prenuptial or postnuptial agreement already addresses major issues, the divorce process can move more quickly. These agreements provide a roadmap for resolution, avoiding prolonged negotiations.

Service Time

Trying to serve divorce papers to a difficult or uncooperative spouse can stall the process. By law, the spouse being served must have 30 days to respond.

Court’s Calendar

Illinois courts handle a substantial number of cases, so scheduling hearings or trials can be time-consuming. Court backlogs, especially in more populous counties, significantly impact the timeline.

Tips to Expedite the Divorce Process

While there’s no way to entirely control how long your divorce takes, these strategies can help make the process smoother and more efficient:

Opt for an Uncontested or Joint Simplified Divorce

If possible, choose one of these quicker options. Reaching agreements with your spouse on key issues before filing can significantly reduce the likelihood of delays.

Communicate and Cooperate

Good communication and a willingness to compromise can help eliminate unnecessary disputes and expedite resolutions. Consider involving a mediator early on if conflicts arise.

Prepare Documentation in Advance

Having all relevant documents ready and organized, such as financial statements, tax returns, and proof of income, can save a lot of time. Proper preparation prevents delays caused by incomplete filings.

Consider Mediation or Collaborative Divorce

These alternative dispute-resolution methods prioritize cooperation over confrontation. By resolving disputes out of court, you can avoid the lengthy traditional litigation process.

Seek Legal Guidance Early

A divorce attorney is invaluable during the divorce process. They can help prevent mistakes, meet deadlines, and check that all paperwork is accurately prepared.

SLG Family Law Can Help

Understanding how long your divorce will take is only part of the picture. At SLG Family Law, we recognize that divorce is one of life’s most challenging transitions, and our compassionate attorneys are here to guide you every step of the way. Whether you’re navigating a contested divorce, working towards an uncontested agreement, or exploring mediation, we have the experience to create a tailored strategy that aligns with your unique needs. Contact our Schaumburg divorce attorneys to schedule a consultation and get started on your divorce.