How Long Does an Illinois Divorce Take?

 Posted on February 14, 2022 in Divorce

When deciding that it is time for a divorce, many couples wish to speed up the process. Ending a marriage is not only an incredibly emotionally trying time, but it is also physically and financially difficult. Sometimes, divorces take months or years, which only increases the level of mental distress for both parties. There are many factors that can determine how long a divorce in Illinois will take, including the number of joint assets, children, and contested decisions. 

The Divorce Process

The process of getting a divorce may be different for every couple. There are many decisions to be made including how to divide assets or who will receive majority parenting time with the children. In Illinois, it is not necessary to provide the court with documentation of your spouse’s wrongdoings because of the state’s no-fault divorce laws. This means that despite infidelity, mistreatment, or other mistakes your partner made that led you to a divorce, Illinois is only interested in dissolving your marriage equitably and typically will not factor in those circumstances. 

Couples proceeding to divorce must:

• File the correct paperwork 

• Divide assets (house, retirement plans, financials, personal items)

• Allocate parenting time and child support if there are children involved 

• Allocate spousal support if appropriate 

Unlike other states, Illinois does not require a waiting period between filing for divorce and dissolving the marriage. However, there are mandatory residency requirements. Each spouse must have lived in Illinois for 90 days. If your spouse is not present when you decide to file for divorce, you will have 30 days to present them with the divorce documents and begin the process. In the event that a spouse does not contest, or refuse, the divorce, the dissolution process may be relatively quick. However, this process can become much longer and more difficult if your spouse refuses to cooperate during the divorce. 

Contested Divorce 

In the case that your spouse refuses to the divorce or an element of the divorce agreement, the timeline of the divorce may extend. Many times, a divorce attorney can assist with negoiation between spouses to encourage mutual agreement. However, when an amicable divorce is not possible, proceeding through litigation may be necessary. 

Tips to Speed Up Your Divorce

If you are ready to follow through with a divorce, there are a few steps that you can take to help make the process as fast as possible:

• Ensure that all of the necessary paperwork is prepared 

• Take inventory of marital and non-marital assets

• Talk with your spouse about how you will divide your assets 

• Hire a divorce attorney who can walk you through the process 

• If you are a couple with no children and little-to-no joint assets, apply for a Joint Simplified Divorce 

Find a Will County Divorce Attorney 

At Law Office of Ronald L. Hendrix, P.C., our Will County divorce attorneys have extensive experience navigating both uncontested and contested divorces. Our office can help you prepare for your divorce, file and complete all of your documentation, and provide mediation if necessary. If you are looking to begin the process of filing for a divorce, call us today at 630-355-7776 for a free initial consultation. 

Source(s):

https://www.ilga.gov/legislation/ilcs/ilcs5.asp?ActID=2086&ChapterID=59