How Long Will An Illinois Divorce Take?
Divorce is not an easy experience to go through. Whether there are children involved, or simply shared finances, there are complicated obstacles that must be solved. However, many things lead to delays when finalizing a divorce.
An experienced Naperville, IL divorce attorney can help you navigate this complex process. As a court-appointed mediator with over 30 years of legal experience, Attorney Ronald Hendrix is prepared to guide you through your contested or uncontested divorce.
Are Some Kinds of Divorce Longer Than Others?
Unlike some other states, Illinois only recognizes no-fault grounds for divorce when the marriage can no longer be salvaged. The best way to know how long your divorce may take is to determine what type of divorce you are going through. Doing this will help you approximate how long your divorce will take and the different factors it will entail.
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Contested divorce: A contested divorce occurs when the spouses disagree about property division, child custody, spousal maintenance, or other divorce issues. Contested divorce can take up to six months to a year or potentially longer.
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Uncontested divorce: An uncontested divorce occurs when spouses reach an out-of-court agreement on the relevant divorce issues. This divorce may take several months to a year.
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Joint simplified divorce: A joint simplified divorce is one of the fastest ways you can get divorced. This is a type of uncontested divorce, but it is not available to everyone. You must meet all required qualifications to file for this type of divorce.
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Mediated divorce: A mediator will facilitate communication between parties to help settle divorce issues and finalize the process afterward. This type of divorce typically takes between three months to a year. However, the length does heavily depend on the parties’ ability to cooperate.
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Collaborative divorce: A collaborative divorce, similar to mediated divorce, depends on the level of cooperation from each party and the number of issues that are being discussed. Each party will have an attorney that is specially trained in the collaborative process to help this divorce run as quickly and smoothly as possible.
What Can Prolong a Divorce in 2026?
For most people going through a divorce, there is an urgency to get it over with as quickly as possible. However, many divorces have factors that can prolong this process.
Children Are Involved
Child-related factors, such as child support, custody of the child, and visitation, are major issues that can lead a party to prolong a divorce. One of the biggest points of contention may be the terms of the parenting plan. This document is an agreement between divorcing parents that helps clarify child-rearing decisions after the parties have separated. However, fighting over the details of a parenting plan can prolong a divorce procedure.
Disputes Over Property Division
With some exceptions, any assets or property acquired during the marriage must be divided equitably between parties. If a party believes that a spouse is hiding assets, accountants may be brought in to uncover any accusations being brought forward. These accusations and divisions of property can prolong a divorce procedure.
The presence of complex assets can also add time to the divorce proceedings. Some assets like businesses or real estate require a detailed appraisal before they can be divided, usually conducted by an outside professional.
One Spouse Is Unwilling To Negotiate
Emotions can play a major role in how efficiently a divorce proceeds. Whether the separation is one-sided, there was unfaithfulness within the marriage, or the two parties simply cannot compromise on how assets should be split, this can prolong the divorce. If the parties can’t agree, the court has to get involved, and a judge may ultimately make decisions for them.
Is There Any Required Waiting Period in an Illinois Divorce?
Illinois does not make couples wait a set amount of time before filing for divorce, but there are a few rules that must be met first. One spouse must have lived in Illinois for at least 90 days before filing for divorce. This rule makes sure the Illinois court has the authority to handle the case.
In Illinois, all divorces are based on irreconcilable differences. If both spouses agree that the marriage cannot be saved, and they also agree on issues like property and custody, the case can usually move forward without extra delay. But if the spouses do not agree, the law says they must live separate and apart for six months in a row before the court will accept that the marriage has broken down for good (750 ILCS 5/401).
Living separate and apart does not always mean living in two different homes. Courts have found that spouses can be considered separated even while living in the same house, as long as they are no longer acting like a married couple.
What Is the Average Timeline in an Illinois Divorce?
How long the divorce proceedings take depends on how complicated the case is and how well the spouses can work together. After one spouse files the initial petition and the other spouse is served, the case moves through several steps in court. These steps often include status hearings and, if needed, temporary hearings to decide things like child support early on.
If both spouses agree on every part of the divorce, the case can sometimes be finished in as little as two to three months. If the spouses disagree about parenting time, property, or support, the case can take a year or longer, especially if it requires a lot of paperwork, negotiation, or a trial in front of a judge.
Contact a Will County, IL Family Law Attorney
Though most people prefer to get divorced as quickly as possible, many factors can prolong the process. If you and your spouse are having trouble negotiating the terms of your divorce settlement, you do not have to go through this alone. Our Naperville, IL divorce lawyer can help you navigate your way through this complex process. Contact us at the Law Office of Ronald L. Hendrix, P.C. or call us at 630-355-7776 for a free consultation.







