If you’re considering ending your marriage, you’re probably asking the same question many others do: how long does it take to get a divorce in Illinois? This is one of the most common questions family law attorneys hear. The truth is, the timeline for a divorce in Illinois can vary depending on several factors, including whether the divorce is contested or uncontested, how cooperative each spouse is, and the court’s schedule. In this blog, we’ll break down what you need to know about the divorce timeline in Illinois and what you can expect from the process.
What Is the Fastest Way to Get a Divorce in Illinois?
The quickest way to get a divorce in Illinois is through an uncontested divorce. This happens when both spouses agree on all major issues, such as:
- Division of property and debts
- Child custody and parenting time
- Child support
- Spousal support (alimony), if applicable
When everything is agreed upon in advance and there are no major disputes, the divorce process moves much faster. In some cases, an uncontested divorce can be finalized in as little as four to eight weeks, depending on how quickly paperwork is filed and how soon the court can schedule a hearing.
Contested Divorce Takes More Time
A contested divorce is one where the spouses cannot agree on one or more major issues. This type of divorce takes longer because it often involves:
- Filing motions
- Multiple court appearances
- Discovery (the legal exchange of information)
- Mediation or settlement conferences
- Possibly even a trial
On average, a contested divorce in Illinois can take six months to two years or more, especially if the case is complicated or involves high conflict.
Do You Have to Be Separated to File for Divorce in Illinois?
No, Illinois does not require legal separation before filing for divorce. However, under Illinois law, there is a requirement that spouses must live “separate and apart” for at least six months. But that doesn’t mean you need to move out of the house. Courts often accept that couples can live in the same home but lead separate lives—sleeping in different rooms, not sharing meals, or not operating as a couple—during that time.
If both spouses agree to divorce, that six-month separation is assumed and doesn’t have to be proven.
Illinois Divorce Residency Requirement
To file for divorce in Illinois, at least one spouse must have lived in the state for 90 days or more before filing. This is a basic legal requirement that ensures the court has jurisdiction over your case.
What Can Delay a Divorce in Illinois?
Even if you start off hoping for a quick process, some things can slow your divorce down. Common reasons for delay include:
- Disputes over child custody or visitation
- Disagreements about dividing property
- One spouse hiding assets
- Refusal to respond to legal paperwork
- Scheduling conflicts with the court
Working with an experienced Illinois divorce attorney can help reduce delays and keep things moving.
Do You Have to Go to Court for a Divorce?
In most cases, yes. Even if your divorce is uncontested, you will likely need to attend a brief court hearing where a judge reviews your agreement and finalizes the divorce. These hearings are usually quick and straightforward.
If your divorce is contested, expect multiple court appearances. The number and type of hearings depend on the complexity of your case.
What Can You Do to Speed Up the Process?
Here are some ways to help speed up your Illinois divorce:
- Work Together – If possible, try to come to an agreement with your spouse on major issues.
- Be Organized – Have your financial documents, parenting plans, and other key paperwork ready early.
- Hire a Good Lawyer – An experienced family law attorney will keep your case on track and help you avoid mistakes that cause delays.
- Stay Open to Mediation – Mediation can help resolve disputes faster than court litigation.
- Respond Promptly – Don’t ignore legal documents or requests from your lawyer. Delays often come from one side not responding on time.
Final Thoughts: How Long Does It Take to Get a Divorce in Illinois?
So, how long does it take to get a divorce in Illinois? Here’s the bottom line:
- Uncontested divorce: 2 months to 1 year
- Contested divorce: 6 months to 2+ years
Every divorce is different. Some move quickly, especially when both sides cooperate. Others take more time, particularly if children, complex assets, or strong emotions are involved.
Either way, the sooner you speak with a qualified divorce attorney and start preparing, the better your chances of a smoother, faster process.
Need Help With Your Illinois Divorce?
At Rincker Law PLLC, we guide clients through every step of the divorce process. Whether you’re looking for a fast, uncontested divorce or need help handling complex legal issues, we’re here to provide the support you need.
📞 Call us today at (217) 774-1373 to schedule a consultation.