When you file for divorce, there really is no way to tell how long the process will take. In the past, Illinois couples who wanted to file for divorce based upon no-fault grounds (irreconcilable differences) had to show the court that they had lived separately for a period of time. This period of time was six months if both spouses wanted the divorce and two years if one spouse contested the divorce. Today, all divorces in Illinois are no-fault divorces and this waiting period has been eliminated.
In order to file for divorce in Illinois, at least one spouse must reside in the state on the date of the filing and the residency must have been maintained for at least 90 days prior to filing or 90 days prior to the entry of the divorce decree. Aside from this, there are no time limits imposed on the right to get divorced in Illinois.
Is your Divorce Contentious?
Generally, contentious divorces take longer to finalize than amicable divorces. This is true for a few reasons:
- Contentious divorces generally take place in court, rather than through mediation or collaborative law. Couples who divorce through litigation are bound to the court’s schedule;
- When spouses make claims about each other, such as a claim that one spouse is hiding assets or that a partner is abusive and an order of protection is necessary, these claims have to be investigated, which can take time and resources; and
- If couples cannot agree about settlement terms, the court has to take a more active role in determining these terms for them. Outside professionals such as a child custody evaluator or a real estate appraiser may be brought in to assist in these determinations.
Are there Multiple Issues to Resolve?
Even if you and your spouse can work together amicably to end your marriage, your divorce can take longer to resolve if there are multiple or complex issues to settle. For example, it may take longer for a couple who has been married for 20 years and has multiple properties to reach a divorce settlement than it takes a couple who has been married only five years. In the case of the longer term marriage, properties may have to be categorized between being marital or non-marital, valued and divided equitably between the couple by the court, all of which can take much time. When a couple has children, decisions about parenting time and child support also have to be made, causing the divorce to take longer to settle than it would for a childless couple.
Work with an Experienced Chicago Divorce Attorney
As an experienced divorce attorney, I understand your desire to simply get through the divorce process and end your marriage as quickly as possible. When you are in an unhappy marriage, it is normal to simply want to get out. But there are multiple issues that need to be settled before your divorce can be finalized and if these issues are contested, it can take time to reach a settlement. To discuss this and other issues related to your divorce such as property division and child support, set up our initial consultation in my Chicago office.
