How Long Does a Divorce Take in Illinois?
Oftentimes, people who are considering or going through a divorce have some pressing questions about how long the process will take. Getting a divorce can feel like putting your life on hold, denying you a sense of closure until the final decree.
In truth, there is no easy way to tell how long your divorce will take to resolve. For some couples, it may only take a matter of months. For others, it may be years before the dissolution of marriage is finalized. To ensure that the process goes as smoothly as possible, reach out to a Plainfield, IL divorce lawyer at the Law Offices of Tedone and Morton, P.C. today. Our firm will use skillful negotiation strategies to reduce unnecessary delays in your divorce petition, keeping your needs in mind.
Is There a Waiting Period in an Illinois Divorce?
Illinois does not have a strict waiting period to file for divorce, but you do have to meet certain residency requirements before you can move forward. Specifically, either you or your spouse must have resided in the state for at least 90 days. You can file your petition for divorce before then, but a final judgment will not be given until the 90-day mark.
Additionally, Illinois requires that spouses live separately and apart for six months before filing for divorce. However, this requirement can be waived if both spouses agree to it. To waive the six-month requirement, you and your spouse must cite "irreconcilable differences" that have caused the collapse of the marriage.
Contested Divorces Take Longer to Resolve
The length of your divorce may increase depending on the amount of conflict between you and your spouse. Divorces with one or more points of disagreement are known as contested, whereas uncontested divorces refer to cases where couples agree on the divorce settlement without needing a court to do it for them.
Arguments in contested divorces can slow down the process, especially if it escalates to trial. Common points of contention between spouses may include:
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Who will keep the marital home
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Whether or not spousal support should be paid, and if so, how much
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How marital debt should be split up
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The division of a marital business
It is natural for spouses to disagree about certain aspects of a divorce, but this does not mean you will always have to go to trial. In many cases, turning to alternative methods of dispute resolution like mediation can help you save time.
Divorces With Children Take Extra Time
It typically takes longer to finalize a divorce involving minor children. This is because the parents often have a hard time agreeing on a parenting plan, and accusations of abuse or bad parenting need to be investigated (750 ILCS 5/602.7). In more complicated cases, expert witnesses like child psychologists may have to be brought in, which can slow down the legal proceedings.
Meet With a Plainfield, IL Family Law Attorney
Getting a divorce can be a long, tedious ordeal, but an attorney can help to expedite the process. When you work with the Law Offices of Tedone and Morton, P.C., you will receive individualized service from our team of attorneys to help you reach an optimal outcome. To schedule a free consultation with our Will County, IL divorce lawyers, call our offices at 815-666-1285 today.