Divorce statutes are different in every jurisdiction. For couples to qualify for an Illinois divorce, at least one of the spouses must have lived in the state for a minimum of 90 days prior to filing. In cases involving minor children, the party filing for divorce typically needs to have maintained residency in Illinois for at least 180 days prior.
Exactly how long it takes to complete a divorce depends in no small part on the type of divorce that spouses pursue. Factors including the number of other families seeking the support of the family courts, the willingness of the spouses to cooperate with one another, the complexity of the marital estate and the ability of spouses to work with specific court dates can influence how long it takes to complete a divorce.
In some cases, divorce can require as little as two weeks, but it can take longer than two years to finalize a divorce in other circumstances. What are the usual timelines for the different types of divorce available in Illinois?
Uncontested divorce
An uncontested divorce occurs when spouses agree on all of the major matters for their family. Spouses have to settle property division issues and financial support considerations.
They may also need to have clear arrangements for the allocation of parental rights and responsibilities. Depending on how quickly spouses reach agreements and the caseload in the local courts, uncontested divorces can take anywhere from two to four weeks to six months or longer.
Joint simplified divorce
Generally speaking, a joint simplified divorce is the fastest option available for uncontested divorce proceedings in Illinois. To qualify, spouses have to have a marriage that lasted less than eight years. They cannot have any children or a pregnancy to complicate the process.
Generally, only couples without real estate and with marital property totaling less than $50,000 in value are eligible for a joint simplified divorce. If couples are eligible and agree on everything, they may be able to complete a joint simplified divorce in between a week and a month.
Mediated divorce
When spouses want to file an uncontested divorce but do not agree on everything yet, they may attempt to mediate their divorce. They have to schedule a mediation session with a professional who helps facilitate their settlement. Mediated divorces can take between three months and a year to complete.
Contested divorces
Cases where spouses do not agree on divorce terms and must litigate in family court take the longest. Frequently, contested divorces can take anywhere from six months to two years. When spouses do not agree on the terms for property division, the allocation of child custody and other key divorce terms, they face a significantly longer overall divorce process.
Understanding the likely timeline for an upcoming divorce can help people plan for the future. Spouses who can cooperate on key divorce issues may be able to finalize the divorce process more quickly than those who disagree.