Divorce in Illinois can be emotionally and logistically complex, but understanding the timeline helps set realistic expectations. While some couples finalize their divorce in a matter of weeks, others face delays that stretch into months or even years. The actual duration depends on several factors, including the type of divorce, court availability, and whether disputes arise over property, custody, or support.
At Kulerski & Cornelison, our team serves families DuPage and Cook counties. We help you understand how long your divorce will likely take and develop strategies to streamline the process in ways that benefit you. Whether we can help you reach a settlement, or you need representation in a contested hearing, we have the experience you need.
Average Timeline for Divorce in Illinois
There is no fixed duration for divorce in Illinois, but most cases fall into one of two categories:
- Uncontested Divorce: 2 to 4 months
- Contested Divorce: 6 months to 2 or more years
The difference lies in whether spouses agree on key issues such as asset division, parenting time, and spousal support. The more disputes involved, the longer the process tends to take.
Uncontested Divorce: Fastest Option
An uncontested divorce occurs when both spouses agree on all terms and file jointly or without opposition. Illinois law allows for a relatively quick resolution in these cases.
Key Steps:
- File a Petition for Dissolution of Marriage
- Serve the other party (if not filing jointly)
- Submit a Marital Settlement Agreement
- Attend a brief court hearing for final approval
If paperwork is complete and the court’s docket is open, an uncontested divorce can be finalized in as little as 60 days. However, delays may occur due to missing documents or scheduling issues.
Tips to Speed Up the Process:
- Use a divorce attorney to help with the paperwork and negotiations
- Ensure all financial disclosures are accurate and complete
- File in the correct county and follow local procedures
Contested Divorce: What Slows Things Down
A contested divorce involves disagreement over one or more issues. These cases require additional steps such as discovery, mediation, and potentially a trial.
Common Points of Contention:
- Child custody and parenting time
- Division of marital property and debts
- Spousal maintenance (alimony)
Contested divorces in Illinois often take 6 to 18 months, depending on the complexity of the case and the court’s schedule. Highly contentious cases may last over two years.
Factors That Extend the Timeline:
- Multiple court hearings and motions
- Delays in exchanging financial documents
- Failure to comply with court orders
- Requests for continuances or changes in counsel
Residency and Waiting Periods
Illinois law requires that at least one spouse be a resident of the state for 90 days before filing. There is no mandatory separation period, but couples must demonstrate “irreconcilable differences” as grounds for divorce.
Illinois is a no-fault divorce state, meaning neither party needs to prove wrongdoing. If both spouses agree, the court presumes irreconcilable differences after six months of separation, even if they still live under the same roof. If spouses agree on all terms, the court may waive the six-month separation requirement and proceed with finalizing the divorce.
Court Backlogs and Local Variations
The speed of divorce also depends on the county where the case is filed. Larger counties like Cook or DuPage may experience longer wait times due to higher caseloads.
Court Scheduling Factors:
- Availability of judges and hearing dates
- Backlogs from COVID-19 or staffing shortages
- Local rules for mediation or parenting classes
How to Minimize Delays:
- File early in the week to avoid weekend backlogs
- Respond promptly to court notices and deadlines
- Consider alternative dispute resolution (ADR) options
- Hire an attorney familiar with big counties and how to navigate case timelines
Learn More About How Long Your Illinois Divorce Might Take
Understanding the timeline helps divorcing spouses plan ahead, manage expectations, and avoid unnecessary frustration. Whether your case is simple or complex, knowing what to expect can make the journey smoother and more predictable.
At Kulerski & Cornelison, our family law attorneys are ready to assist with your divorce. Contact us today for a consultation of your case.