Many people going through a divorce want the process to move quickly and efficiently so they can say goodbye to their old lives and start anew. Unfortunately, the Illinois divorce timeline does not always allow an individual to achieve a speedy and favorable result when partners disagree on fundamental issues.
Understanding how long it can take to work through a contested divorce in Illinois can help prepare you for the mental and legal issues you’ll face so you can move forward and find a fresh start.
What Is a Contested Divorce?
Illinois allows partners to file for one of two types of divorce: contested or uncontested. In an uncontested divorce, spouses generally agree on all divorce-related issues, such as property division, spousal maintenance, child custody, and child support. When spouses can reach a mutually acceptable arrangement, the divorce process moves quickly and may involve little conflict.
A contested divorce means that one or both partners do not agree on the basic divorce terms and need the court to intervene to settle their disputes.
How Long Does a Contested Divorce Take to Settle in Illinois?
An uncontested divorce is less complicated and faster than a contested one. In Illinois, under the Illinois Marriage and Dissolution of Marriage Act, spouses who agree to divorce terms are not subject to a mandatory waiting period, meaning an uncontested divorce can be resolved almost immediately. However, expect an average uncontested divorce to take several weeks to three months.
A contested divorce can be significantly more complex and requires an Illinois court to intervene in resolving a couple’s differences and establishing the divorce terms. The exact timeline varies based on the circumstances of a couple’s situation. Often, couples can expect a contested divorce to take several months and up to one year to finalize. When there are complicated child custody issues at play, or when one or both spouses have sizable assets, a business, or high net worth, the divorce becomes more challenging and thus takes longer to resolve. These types of divorces can take several years to resolve. The same goes for contentious divorces between spouses who may have bad blood or resentful feelings for one another.
Another factor influencing the contested divorce timeline is the court’s schedule. Court schedules can fill up quickly, pushing the trial date out and extending the time to finalize a divorce.
Finally, couples should understand that Illinois employs a six-month separation or waiting period on contested divorces. If one party wants a divorce and the other does not agree, the six-month separation is when the state considers proof that a couple has irreconcilable differences. When spouses disagree on issues, the six-month waiting period allows them to work on their differences or prepare for court.
A Family Law Attorney Can Help You Manage an Illinois Divorce
At The Law Office of Vogel & Mourelatos, LLC, we are a boutique law firm with a focus on family law and related matters. Our legal team offers compassionate support and effective legal representation to guide you through the challenges of this difficult time. Contact our office today and request a confidential consultation to discuss your situation.