How Long Will An Illinois Divorce Take? 

 Posted on January 06, 2023 in Divorce

 Divorce can be a difficult subject to tackle. Whether there are children involved, or simply shared finances, there are many obstacles that must be worked through. In the state of Illinois, there is no mandatory waiting period for divorce. As long as the petitioner has been a resident of Illinois for at least a minimum of 90 days, then it should be relatively simple to file for divorce. Illinois recognizes the grounds for divorce as no-fault, this means that a marriage has reached an irretrievable end. However, many things may lead to delays when finalizing a divorce. Whether it be the separation of finances, child-related factors, or your spouse prolonging the separation for their reasons. It is important to be patient and allow an experienced divorce attorney to help navigate you through this complex process. 

Types Of Divorce and How Long They Can Take

There are many variations of divorce. The best way to know how long your divorce may take is to determine what type of divorce you are going through. Doing this will help you approximate how long your divorce will take and the different factors it will entail.

• Contested Divorce - A contested divorce occurs when the spouses disagree about property division, child custody, spousal maintenance, or other divorce issues. This divorce can take up to six months to a year or potentially longer. 

• Uncontested Divorce - An uncontested divorce occurs when spouses reach an out-of-court agreement on the relevant divorce issues. This divorce may take several months to a year.

• Joint Simplified Divorce - A joint simplified divorce is one of the fastest ways you can get divorced. This is a type of uncontested divorce, however, it is not available to everyone. You must meet all required qualifications to file for this type of divorce. 

• Mediated Divorce - A mediator will facilitate communication between parties to help settle divorce issues and finalize the process afterward. This type of divorce typically takes between three months to a year. However, the length does heavily depend on the parties’ ability to cooperate. 

• Collaborative Divorce - A collaborative divorce, similar to mediated divorce, depends on the level of cooperation from each party and the number of issues that are being discussed. Each party will have an attorney that is specially trained in the collaborative process to help this divorce run as quickly and smoothly as possible. This divorce typically takes around eight to fourteen months. 

What Can Prolong Our Divorce?

For most people going through a divorce, there is an urgency to get it over with as quickly as possible. However, many divorces have factors that can prolong this process for longer than some parties may like. 

• Children Are Involved - Child-related factors, such as child support, custody of the child, and visitation, are major issues that can lead a party to prolong a divorce. The simplest way to deal with child-related factors within divorce is to create a parenting plan. A parenting plan is an agreement between divorcing parents that helps clarify child-rearing decisions after the party has separated. However, deciding the roles within a parenting plan can prolong a divorce procedure.

• Dividing Assets and Property - Any assets or property acquired during the marriage and before the divorce was filed must be divided equitably between parties. If a party believes that a spouse is hiding assets from them, accountants may be brought in to uncover any accusations being brought forward. These accusations and divisions of property can prolong a divorce procedure. 

• Spouse Is Unwilling To Negotiate - Emotions can play a major role in how efficiently a divorce proceeds. Whether the separation is one-sided, there was unfaithfulness within the marriage, or just simply that the two parties can not compromise on how assets should be split, this can prolong the divorce. If the parties can not agree, the court will have to get involved, and a judge may ultimately determine what is in the best interest of the parties involved. 

Contact A Will County, IL Divorce Attorney

Divorce is difficult and unfortunately, many factors can prolong the process. If you and your spouse are having trouble negotiating the terms of your divorce settlement, you do not have to go through this alone. Our Naperville divorce lawyer can help you navigate your way through this complex process. Contact us at Law Office of Ronald L. Hendrix, P.C. or call us at 630-355-7776 for a free consultation. 

Sources:

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

https://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=075000050K505