Divorce Law

How Long Does a Divorce Take in Illinois

How Long Does a Divorce Take in Illinois

You’ll get a clear timeline for Illinois divorces, realistic time ranges for different case types, and practical steps that speed things up. You’ll also see how child-related tasks (like parenting classes or letting a trusted relative help with care) change your clock.

Realistic Ranges At A Glance

An uncontested Illinois divorce can finish in a few weeks to a couple of months once your paperwork is civil rights law and the court gives you a date. A contested case usually runs six months to a year or more, and complex disputes can go longer. Your speed comes down to two things: how much you and your spouse agree on, and how well you prepare your documents.

Why Timelines Vary

The Three Big Drivers

Agreement level decides how many issues the court must resolve. Paperwork quality decides whether your hearing proceeds or gets pushed. Court calendars decide when a judge can see you. The more you control the first two, the less you suffer from the third.

The Ground Rules In Illinois

No Fault State

Illinois uses “irreconcilable differences.” You don’t have to prove bad behavior; you just need to show the marriage has broken down beyond repair.

Residency Check

A judge can enter the final judgment when at least one spouse has lived in Illinois long enough for the court to have jurisdiction by judgment time. People often meet this requirement without realizing it, but it still needs to be true before the judge signs.

“Six-Month Separation” Myth

Six months apart is not a universal waiting period. It’s one way to show the marriage has broken down, but judges can find irreconcilable differences even if you haven’t been apart that long.

The Typical Timeline From Start To Finish

Filing & Service

A divorce begins when one spouse files a Petition for Dissolution and properly serves the other. Uncontested cases often use a waiver of service to save time.

Financial Disclosures

Both sides exchange a sworn financial affidavit with backup documents (pay stubs, tax returns, bank statements). The more complete and organized this is, the fewer continuances you’ll face.

Parenting Requirements (If You Have Kids)

Courts won’t finalize parenting orders until parents complete a court-approved parenting education course and file a Parenting Plan (sometimes called an Allocation Judgment). This single requirement delays many otherwise-ready cases do it early.

Temporary Orders

If you need stability while the case is pending, the court can enter temporary orders for parenting time, child support, and maintenance. Getting these in place quickly reduces conflict and keeps kids’ routines steady.

Negotiation & Mediation

Most cases settle. Mediation narrows disagreements and often resolves them entirely. Even partial agreements shrink the trial time and speed up the calendar.

Prove-Up (Uncontested) or Trial (Contested)

In an uncontested case, you’ll schedule a short prove-up hearing. The judge checks your forms, asks a few questions, and signs the Judgment. In contested cases, you’ll have pretrial conferences and, if needed, a trial this is where calendars stretch.

How To Finish Faster

Prepare Before You File

Draft your Marital Settlement Agreement (and your Parenting Plan, if you have children) before filing. The fewer open questions, the quicker your prove-up date.

Front Load Disclosures

Serve your financial affidavit and documents immediately. Missing attachments are the most common reason a hearing gets bumped.

Take The Parent Class Now

If you have children, complete the class as soon as you file. Courts can’t finalize parenting parts without proof of completion.

Mediate Early

If you’re stuck on one or two issues, don’t wait mediate them now. Partial settlements still shave months off your timeline.

What Slows Cases Down

Service Problems

If service is botched or a waiver isn’t signed, nothing moves until it’s fixed.

Discovery Fights

Refusing to turn over documents or arguing discovery requests adds hearings and weeks of delay.

Experts And Evaluations

Business law valuations, property appraisals, and parenting evaluations help judges decide tough issues, but they take time sometimes months.

Scheduling Bottlenecks

Judges’ calendars fill fast. Keep your paperwork ready so you can jump on earlier dates that open up.

Putting Family Forward To Help With Child Care

Short Term Guardianship

When you need a relative to help for a limited time (travel, medical treatment, a rough patch at home), Illinois allows a parent to designate a short-term guardian using a formal document. It gives the caregiver authority while not taking away parental rights.

Standby Guardianship

You can name a standby guardian who steps in if a triggering event occurs (serious illness, deployment). This is “break-glass-in-case-of-emergency” planning, not a permanent handover.

Probate Guardianship

For longer care or when parents disagree a relative can petition the court for guardianship of a minor. The court looks at the child’s best interests and makes a formal appointment.

Parenting Plan Route

Inside the divorce case, you and your co-parent can build a trusted relative into the Parenting Plan for specific caretaking time. This keeps daily life running without changing legal parentage.

Skim Friendly Table Of Typical Timing:

PhaseWhat You DoHow It Affects Time
Filing & ServiceFile petition, serve or waive serviceAdds ~1–3 weeks (faster with waiver)
DisclosuresSwap financial affidavit + documentsAdds ~1–2 weeks if organized; up to 4–8 weeks if not
Parenting TasksComplete class + file Parenting PlanAdds ~2–6 weeks, depending on class availability
Mediation/NegotiationNarrow or settle issuesAdds ~2–8 weeks; reduces later delays
Temporary OrdersStabilize parenting/supportAdds ~1–4 weeks to schedule, but improves momentum
Prove-Up (Uncontested)Short hearing to finalizeAdds ~1–3 weeks after paperwork is clean
Pretrial/Trial (Contested)Judge decides disputed issuesAdds ~2–9 months depending on complexity/docket

Visual Range Chart You Can Save

Illinois Divorce Duration Ranges

Each bar shows the realistic range (in weeks). Aim for the left side of the bar by finishing disclosures early and mediating quickly.

Uncontested vs. Contested: Clear Expectations

Uncontested, No Kids

Two to eight weeks is realistic in many counties once your forms are correct and the court gives a prove-up date.

Uncontested, With Kids

Six to twelve weeks is common because of the parenting class and the extra paperwork for the Parenting Plan.

Contested, But Cooperative

Six to nine months is a fair estimate if both sides exchange documents, mediate promptly, and limit motions.

High-Conflict Or Complex Property

Nine to twenty-four months happens when experts and evaluations are needed or when there’s heavy motion practice.

FAQs

Can we finish in under three months?

Yes, if it’s truly uncontested, your paperwork is clean, you finish the parent class on time, and you catch an early court date.

Do we have to live apart for six months?

No. Six months can help prove the marriage is broken, but it’s not a required wait for all divorces.

What if we agree on everything except one issue?

That still counts as “contested,” but mediate that one point and settle the rest. Judges love limited issues.

How do I legally let a relative help with my child during the case?

Use short term guardianship for brief needs, standby guardianship for “what-if” planning, or ask the Probate court for long-term guardianship. You can also build relative care into your Parenting Plan.

The End

Draft your settlement and Parenting Plan first. File clean forms. Finish the parenting class early. Mediate what you can’t settle by email. Ask for the earliest prove up or pretrial date. The better your preparation, the shorter your timeline often by months.

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