Divorce is one of the most difficult, emotionally challenging, and time-consuming experiences a family can experience. How long does a divorce take is a common question, as the process of legally ending a marriage can last for months, or even years, depending on the nature of your case and how cooperative you are with your spouse during the proceedings. Couples with children or complex financial assets may find the process of divorce even more complicated and lengthy. This is why it is important to have a knowledgeable and experienced divorce attorney on your side who can guide you through the process as smoothly and efficiently as possible.
The following is an overview of the typical timeline for Illinois divorce proceedings.
Typically, the first step in the divorce process is for one spouse to file a Petition for Dissolution of Marriage with the circuit court in their county of residence. This petition outlines the grounds for divorce, typically citing irreconcilable differences. Once this is filed, the other spouse must be served with a copy of the petition. Once service is complete, the spouses must work together to resolve issues like property division and spousal support if applicable. How long does a divorce take can often depend on how quickly these issues are resolved.
If you and your spouse can agree on how to handle all aspects of your divorce, you may be able to obtain an uncontested divorce. Unlike contested divorces, uncontested divorces allow couples to skip many of the traditional legal proceedings. This can cut the overall duration of your divorce significantly. How long does a divorce take in such cases can be shorter due to fewer legal complexities.
A contested divorce is typically more time-consuming than an uncontested divorce, and the main reason for this is that your spouse is likely to disagree with you on some issues. For example, your spouse may object to the way you want to divide your assets or they may be hesitant to make any concessions regarding spousal support. In these cases, you will have to negotiate and compromise in order to reach an agreement that the court will approve of. Understanding how long does a divorce take in contested cases helps set realistic expectations.
In addition, if you are filing for a contested divorce, the state of Illinois requires that both spouses meet residency requirements. This means that you or your spouse must have lived in the state for at least 90 days prior to filing for divorce. This requirement also applies if there are any child custody or support decisions that need to be made. The question of how long does a divorce take is influenced by these legal prerequisites as well.
When couples in Illinois get divorced, it can take anywhere from six months to two years, leading many to wonder how long does a divorce take. The length of a divorce depends on several factors, including whether the case is contested or uncontested and how many legal issues are involved in ending the marriage. In addition, court backlogs can also play a role in how long a divorce takes to resolve.
The initial filing of a divorce petition initiates the process. A petition provides the Court with basic information about a couple and their marriage, such as their age, where they live, and when they got married. A petition also includes a request for a divorce and a statement that the spouses agree to the terms of the divorce. A divorce petition must be filed in the appropriate court in the county where one of the parties lives. The question of how long does a divorce take can often depend on how quickly the petition moves through the court system.
If a couple cannot reach agreement on different issues in their divorce, the process will be considered contested. This can add to the duration of a divorce as it requires additional court dates and a trial in front of a judge. When asking how long does a divorce take in contested cases, it's important to consider these additional steps.
A judge will determine the terms of a divorce when the parties are not able to agree on various matters such as child custody, parenting time, spousal support, and equitable division of property. The Judge will consider all the evidence in the case, such as testimony from each party and any witnesses. The complexity of these issues can also impact how long does a divorce take.
It is important to remember that the Judge will make a decision based on the law and not on emotion. While it can be very difficult to put emotions aside, it is vital to the process of getting a divorce. How long does a divorce take can often be prolonged by emotional disputes which complicate negotiations.
What are the Grounds for Divorce?
In Illinois, there are only two grounds for divorce: irreconcilable differences or separation. Irreconcilable differences is a no-fault ground for divorce that requires both spouses to claim that there has been an irretrievable breakdown of the marriage and that any attempts at reconciliation are futile.
If both spouses agree to irreconcilable differences, the Court will not require a waiting period before granting a divorce. However, if there are issues of domestic violence or infidelity in the marriage, either spouse may be required to wait 90 days before filing for divorce. In addition, if there are any custody or child support issues, each party must have been a resident of the State of Illinois for at least ninety days prior to the final hearing.
How is Property Divided in Illinois?
In a divorce, the judge will determine how to divide both marital assets and marital debts. Marital assets include anything purchased during the marriage, such as real estate, furniture, vehicles and bank accounts. It also includes retirement/pension plans and stock investments. Marital debts are owed by both parties and can include credit card balances, medical bills, and other obligations incurred during the marriage. The Judge will divide both assets and debts “equitably,” which means not necessarily equally.
The decision to end a marriage is a significant one. It can have a big impact on children, finances and the future of the spouses. It is crucial to work with an experienced family lawyer to ensure a fair result. How long does a divorce take can be influenced by the efficiency and experience of the lawyer handling the case.
Facing the prospect of divorce is often emotionally and financially taxing for people in Illinois and elsewhere. Many couples struggle to determine what their options are for resolving the issues in their marriage and are anxious about how long does a divorce take for their case to be resolved.
The answer to that question will depend on a variety of factors, such as whether the parties are able to reach a settlement agreement regarding key matters like property division and child custody or whether their case must go to trial. Some parties choose to engage in uncontested divorce proceedings, which are streamlined and can generally be completed in a matter of months if everything goes smoothly. How long does a divorce take in such scenarios is significantly less compared to contested cases. Other cases are contested, which can take considerably longer.
Typically, a contested divorce can take up to two years to complete. This is because there are more factors at play, such as the number and ages of children, ownership of businesses, pets and other assets that must be classified and divided, and spousal support. How long does a divorce take can often be reduced if the parties are proactive and work with experienced legal counsel to navigate the complexities. Regardless of the number of issues in your divorce, working with an experienced family law attorney can help to reduce the overall duration of your case and ensure that all matters are handled efficiently.
How long it takes to get a divorce in Illinois will also depend on whether the spouses meet the state's residency requirement. At least one spouse must have resided in the state for 90 days before filing for divorce. This period of time may be extended if the parties can agree to an extension. The timeframe to finalize a divorce may also be influenced by how quickly the court processes the paperwork and schedules the necessary hearings.
Another factor that influences the duration of a divorce is how long the couple has been married. This is because Illinois has a statute of limitations on the period of time for which a divorce can be filed, based on grounds of irreconcilable differences and other fault-based grounds. If the marriage has been a short time, it may be more difficult to prove irreconcilable differences. This legal intricacy can extend how long does a divorce take, especially when fault needs to be established.
A third issue that impacts the duration of a divorce is how long it takes to reach a final judgment after a trial. This is because the Judge will require both sides to present evidence and testimony before a determination can be made. Depending on the Court's caseload and backlog, this step in the process may take up to several months. How long does a divorce take can vary greatly if the case becomes bogged down in prolonged litigation.
In addition to determining whether a marriage has been irretrievably broken, the Judge will decide on a variety of other issues including parenting responsibilities, spousal support and property/debt division. In the event that the spouses are unable to agree on these issues, a Judge will make them after a trial.
Law Office of Russell D. Knight
1165 N Clark St #700, Chicago, IL 60610, United States
(773) 334-6311