Divorce Timetable: How Long Will A Divorce Take In Illinois?

Author: Don Pioletti Posted on: . Filed in: Divorce.

The best answer we can give to this question is, “Your divorce timetable is unique. Your divorce will take as long as necessary to settle all issues between you and your soon to be ex-spouse.” A divorce in Illinois can take as long as one to two years for a contested divorce or as short as two weeks for an uncontested divorce depending on the parties and the issues.

An attorney who promises that your divorce will be quick and simple is assuming facts that he cannot know until he fully understands your unique situation. Our experienced divorce attorneys take the time to fully understand your situation so that we can manage your divorce as quickly as possible while making sure that we protect your best interest.

Factors and Laws Affecting Your Divorce Timetable

Several factors and laws effect your divorce timetable. For example, either you or your spouse must be a resident of Illinois for at least 90 days prior to filing a divorce petition. If custody of minor children is an issue, the residency requirement is doubled to 180 days. If you are filing a no-fault divorce on the grounds of irreconcilable differences, you must live separate and apart for two years or a minimum of six months, if both spouses agree to the six-month term.

In addition to the residency and other time requirements, once you file a divorce petition the process for the dissolution of marriage has its own timetable. These divorce timetables are often out of our control. For example, the court must issue a summons to be served upon your spouse. This could take up to two weeks depending on the court’s schedule. The summons and petition must be served on your spouse. He or she has 30 days to file an answer or other response to the petition. From this point, your divorce timetable will depend on whether your spouse contests the divorce, fails to respond or consents to all divorce issues.

Obviously, if you and your spouse agree as to all divorce issues, your divorce timetable will be much shorter than if you must litigate. Unfortunately, there are times when spouses may be in agreement until the papers are filed. If a spouse changes his or her mind and chooses to litigate the divorce issues, your divorce timetable will be extended. As your attorneys, we will work to resolve your divorce as quickly as possible; however, we will not rush the process at the expense of your best interest.

Joint Simplified Dissolution of Marriage

Some couples may qualify for a Joint Simplified Dissolution of Marriage. This is the shortest divorce timetable in Illinois. Divorces filed under the simplified method can be finalized in as short as a week. To qualify, couples must meet the following requirements:

  • Agree to file on the grounds of irreconcilable differences;
  • Married less than eight years;
  • Separated for a minimum of six months;
  • Have no children together;
  • Own no real estate together;
  • Have a joint income of $35,000 or less with neither spouse making more than $20,000 per year; and,
  • The fair market value of all marital property, less marital debts, of less than $10,000.

Contact Our Office for a Consultation with an Experienced Illinois Divorce Attorney

The attorneys of Pioletti & Pioletti represent individuals who need experienced divorce attorneys. We serve clients throughout McLean, Woodford, Tazewell and Peoria counties by providing compassionate, competent legal services. Contact our office at 309-938-4838 to schedule a free consultation.

When you need the assistance of an experienced divorce attorney in Central Illinois, call the attorneys of Pioletti & Pioletti. We are dedicated to giving our clients exceptional service and support throughout the divorce process.

Don Pioletti

Don Pioletti

Don B. Pioletti, Jr. was born on August 2, 1946 in Washington, Illinois. He graduated from Eureka High School and received a Bachelor’s Degree from Eureka College in 1970. He served in the Army during the Vietnam War and then graduated from George Mason University Law School in 1976. He served as an Assistant Illinois Attorney General and as an Assistant State’s Attorney. From 1990 until July of 2014 he served as the Woodford County Chief Public Defense Attorney.
Don Pioletti