How long does a divorce take in illinois guideIt is impossible to predict how long it will take you to get a divorce in the state of Illinois. It all depends on whether your case is contested, how busy the court docket is, and whether you and your spouse can agree to settle any issues without going to court. Now, don’t worry, keep reading and you’ll know all about the necessary time to get a divorce and what it takes in the state of Illinois.

How Long Does a Divorce Take In Illinois?

The divorce will take you from two months up to nearly a year when filed in the state of Illinois. Keep in mind that divorces that are initially contested usually have a six-month waiting period, after 30 days, it enters a later stage where it is finalized.

– Initial Stage

In the state of Illinois, at least one of the spouses must have lived in the state for 90 days before filing for divorce. Furthermore, if child custody decisions are to be made during the divorce proceedings, the children must have lived in Illinois for a minimum of six months. There is no waiting period in Illinois if the divorce is filed uncontested and both parties agree to waive the requirement that the spouses live separately and apart.

Aside from residency requirements, the petition for dissolution of marriage is the first step in a divorce. The timeline varies slightly depending on the county court; however, once this form is received by the county clerk, you will receive the case number, the judge presiding, and your summons within the next two weeks. The summons must be served on the other spouse, which is usually done by the sheriff or a professional service.

– Later Stage

After three weeks of the sheriff’s office serving your spouse, the spouse has 30 days to respond, regardless of whether the divorce is uncontested or contested. Both spouses must attend if the spouse schedules a response and appearance within 30 days. If the warrant is not responded to within 30 days, the court date is usually pushed back four weeks.

Following the initial court appearance to dissolve the marriage, subsequent court appearances to decide on issues such as finances and child custody will be scheduled. The willingness of each spouse to reach decisions on these issues will influence the duration it will take.

Nonetheless, these cases can take a long time to resolve, Illinois family law requires that all custody cases be resolved within 18 months of the date they were filed, unless otherwise agreed upon in writing.

After all, decisions have been made, the judge will schedule a proof-of-conviction hearing to finalize everything.

The date of the prove-up hearing is determined by how long it takes to finalize decisions and agree on divorce papers.

How Long Would an Uncontested Divorce Take in Illinois?

In Illinois, there is no waiting period for uncontested divorces. However, in order to get a divorce in the state, you must still meet the residency requirement. The couple must have lived in Illinois for at least 90 days prior to filing for divorce.

If you want a quick divorce in Illinois, you must meet the residency requirements and reach an agreement with your spouse. Contested divorces can take several months to more than a year to complete, depending on the number of issues in your case and whether you need to go to trial to have a judge resolve those issues for you.

What Requirements Do You Need To Meet Before You File for Illinois Divorce?

Before you can get a divorce in Illinois, you must first meet certain requirements. They are as follows:How long does a divorce take in illinois tips

Your divorce must be the result of “irreconcilable differences,” and you or your partner must have lived in Illinois for a minimum period of 90 days before filing for divorce.

Since Illinois is considered a no-fault divorce state, you do not need to prove wrongdoing to begin the divorce process. Although it is recommended, it is not required to hire an attorney to file for divorce on your behalf.

To begin the divorce process (also known as a Joint Simplified Dissolution of Marriage in Illinois), you must file certain forms with the courthouse in your county.

If you hire an attorney, they will walk you through the steps and ensure you have all of the necessary forms. If you intend to do the process yourself, you can find the necessary forms online.

After filing the necessary forms, you must officially notify the other spouse. It can take several weeks to serve the papers, and once served, they have 30 days to respond. If your spouse will not be served, they can fill out an Entry of Appearance form ahead of time.

Following this step, you will be assigned a case number and a court date. Couples that were married for a short period, have a low income, have no children, and have settled on the conditions of their divorce may be eligible for a Joint Simplified Divorce.

What Affects the Timing of Your Divorce?

As previously stated, the primary factor influencing the timing of your divorce is whether or not it is contested. Divorces are resolved quickly when decisions between spouses are easily reached. Another factor influencing divorce timing is how busy the court docket is when one spouse files for divorce. Finally, before court dates can be set, all court and filing fees must be paid.

FAQs

– How Long Is the Separation Waiting Period?

There is a “separate and apart” waiting period to allow the parties to cool off and reconsider their divorce decision. In Illinois, this is a six-month period. This waiting period can be waived in writing.

Depending on the type of divorce sought, there may or may not be a mandatory waiting period before being granted a divorce. There is no separation waiting period in Illinois if your divorce is uncontested. Both spouses agree to the divorce in an uncontested divorce. They also agree on the terms of the divorce, which is often done through negotiation or mediation.

Prior to 2016, couples could choose various grounds for divorce and were subject to a two-year or sometimes six-month waiting period before obtaining a divorce. This was true even if both spouses desired a divorce and reached an agreement. There is no longer a waiting period as long as both spouses agree on the divorce and their settlement.

There is a six-month mandatory waiting period for couples who cannot agree on a contested divorce. They must live separately and apart for the entire six months; otherwise, it will not count. After the waiting period, the Illinois family court will grant their divorce decree as long as they can prove they have lived apart.

– How Much Does a Divorce Cost in Illinois?

Your divorce cost will be determined by the nature and complexity of your case. Legal fees, court costs, document production costs, and depositions are all costs. Because the issues that arise during a case will influence what is required to successfully litigate your case, it is impossible to predict how much your case will cost at the outset.

Simple uncontested cases will be less expensive, whereas complex adversarial cases will be more expensive. The less in dispute, the less you will have to pay in attorney’s fees and costs. However, if there is a hotly contested issue, you may incur additional costs and fees for property valuations and custody evaluations.

– What Is the Fastest Way To Get Divorced in Illinois?

There is no set way to expedite the divorce if spouses cannot agree on decisions, in the state of Illinois. However, if you are aware that your spouse is filing for divorce, consult with attorneys and select one before you are served with the paperwork.

Furthermore, providing your attorney with any paperwork and responses you have will assist you in responding to the other spouse. Maintaining constant contact with your attorney is the best way to ensure that your divorce goes smoothly.

Conclusion

If you and your spouse can agree on every detail, a judge is likely to sign the judgment unless there are irregularities that violate the law. If you do not settle mutually, additional court dates and mediation may be ordered. Further, we conclude the following:How long does a divorce take in illinois everything you need to know

  • There is no waiting period in Illinois if the divorce is filed uncontested and both parties agree to waive the requirement that the spouses live separately and apart.
  • There is a six-month mandatory waiting period for couples who cannot agree on a contested divorce. They must live separately and apart for the entire six months; otherwise, it will not count.
  • There is no set way to expedite the divorce if spouses cannot agree on decisions. However, if you are aware that your spouse is filing for divorce, consult with divorce attorneys and select one before you are served with the paperwork or divorce forms.
  • Your divorce cost will be determined by the nature and complexity of your case. Legal fees, court costs, document production costs, and depositions are all costs.

File your divorce petition now keeping in mind all the requirements and considerations mentioned in this article.

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