What Is The Divorce Process Like In Illinois?

Last updated on August 3, 2026

Whether you are considering a divorce or you have already filed, you are likely wondering about the overall process. Although divorce is commonplace and you might even have acquaintances or relatives who have gone through it, it is normal to feel some apprehension about what the steps are like.

At Blacha Law Office, Ltd., we can set aside any anxiety you have about divorce proceedings. Our experienced family law attorneys have helped thousands of individuals throughout Illinois successfully end their marriages and take the next steps in life.

What Are The Steps To Getting A Divorce In Illinois?

The details of a divorce are different from couple to couple. However, the state requires some of the same general procedures for everyone. If you are filing for divorce in Illinois, the following is a brief overview of what you can expect:

• Step 1 – Filing and serving the petition (Weeks 1–4): The petitioner (either spouse) files the Petition for Dissolution of Marriage at the courthouse in the county where you live. In Illinois, there is no waiting period to file for divorce, though you must be a resident of Illinois for at least 90 days in order to file the petition. The respondent (other spouse) is formally served with the divorce papers and has 30 days to file an Appearance and Answer.
• Step 2 – Temporary orders and disclosures (Months 1–3): If needed, the court establishes temporary orders for child support, spousal maintenance or exclusive possession of the home. Both parties submit mandatory financial affidavits disclosing income, assets and debts.
• Step 3 – Discovery and negotiation (Months 2–6+): Attorneys exchange financial records including bank statements, tax returns and property appraisals. Settlement conferences or mediation sessions take place to resolve disagreements outside of court. You may try to negotiate or mediate a private divorce arrangement with your spouse for issues like property division and financial support.
• Step 4 – Prove-up hearing or trial (Final stage): If you reach an agreement, a short Prove-Up Hearing is held where a judge signs the Judgment for Dissolution of Marriage. If you cannot reach an agreement, your case will go to trial in court. Each side presents arguments and the judge will decide the details of property division, custody, financial support and other matters. Trials can add several months to your timeline.

How Long Does The Divorce Process Take In Illinois?

The divorce process can take as little as a few months to well over a year depending on the complexity of your case and how well each side works together to come to an agreement. The table below shows average timelines based on divorce type:

Divorce Type	Average Timeline	Best Suited For	Key Requirements
Joint Simplified	1 to 4 weeks	Short marriages with minimal assets	No children, married under 8 years, low marital asset limit
Uncontested	1 to 3 months	Cooperative couples	Complete agreement on property, support and children
Mediated / Collaborative	3 to 12 months	Couples seeking out-of-court solutions	Willingness to negotiate with trained neutrals
Contested Litigation	6 to 18+ months	Complex asset or custody disputes	Disputes requiring judicial intervention or trial

What Factors Impact The Length Of An Illinois Divorce?

Several key issues can significantly affect how long your divorce takes:

• Contested vs. uncontested: When you and your spouse agree on all major terms (property division, spousal support and parenting arrangements), you can finalize your divorce in a matter of weeks or months. Disagreements on even one issue can push your case into litigation, adding six months or more to the process. The more you fight in court, the longer everything takes.
• Minor children and custody (parenting plans): If you have children under 18, Illinois requires you to complete mandatory parenting education classes before finalizing your divorce. You must also create a detailed parenting plan that addresses the allocation of parental responsibilities and parenting time. Disputes over custody arrangements often require multiple court hearings, evaluations and mediation sessions, which extend your timeline considerably.
• Financial and asset complexity: High net worth divorces or cases involving business ownership, real estate portfolios, retirement accounts and complex investments require extensive discovery and professional valuations. Appraisers, forensic accountants and financial experts need time to analyze assets, which can add months to your case.
• Spousal cooperation: Delays in providing financial documentation directly impact court deadlines. If your spouse refuses to turn over tax returns, bank statements or other required records, your attorney must file motions to compel discovery. These delays push back settlement negotiations and trial dates.

Frequently Asked Questions About The Divorce Process

Clients often ask us about specific aspects of the divorce timeline and process. Here are answers to some of the most common questions:

How long does it take to serve divorce papers?

Once you file your Petition for Dissolution of Marriage, the court issues a summons that must be formally delivered to your spouse. A professional process server or sheriff typically completes service within one to two weeks, depending on your spouse’s location and cooperation. Your spouse then has 30 days from the date of service to file their response. If your spouse avoids service or lives out of state, the process can take longer and may require publication in a newspaper.

How can you speed up your Illinois divorce?

The fastest way to finalize your divorce is to reach an agreement with your spouse on all issues before going to court. Consider mediation or collaborative divorce to work through disagreements outside of litigation. Respond promptly to all requests for financial documents and court filings. Hire an experienced attorney who can keep your case moving efficiently and help you avoid unnecessary delays. The more cooperative you and your spouse are, the faster you can move through each stage.

Is there a mandatory waiting period for divorce in Illinois?

Illinois does not impose a mandatory waiting period between filing for divorce and finalizing it. However, you must be a resident of Illinois for at least 90 days before you can file your petition. Once filed, the timeline depends entirely on your case type and level of cooperation. Joint simplified divorces can be finalized in weeks, while contested cases often take a year or more.

Get Our Guidance To Simplify The Steps

The best way to make sure that your divorce goes as quickly as possible is to work with experienced lawyers. We can simplify things for you so that you can focus on your day-to-day life. To request a free consultation with us, please call 630-283-1987 or send us an email to get in touch. We have office locations in Naperville and Joliet.