How Long Will My Illinois Divorce Take?

 Posted on April 07, 2025 in Divorce

One of the most common questions divorce attorneys get asked is, "How long will my divorce take?" Making the difficult decision to divorce can take months or even years, so when that decision is finally made, most people want to get it over with as quickly as possible.

Because there are many types of divorces and such a wide array of factors that influence the length of a divorce, this can be a difficult question to answer. In the state of Illinois, there is a mandatory waiting period of at least six months before a divorce can be finalized.

So, unless both spouses agree to waive the six-month requirement, you are immediately looking at six months, regardless of what other issues may potentially drag out your divorce. The best thing you can do to ensure your future is protected and your divorce goes as smoothly and quickly as possible is to speak to an experienced Wheaton, IL family law attorney.

What Are Factors That Can Influence the Length of a Divorce?

It is virtually impossible to foresee every issue that can potentially increase the time it takes for a divorce to be final. That said, there are some issues that are more likely to cause an Illinois divorce to take longer, including:

Contested vs. Uncontested Divorce

A divorce that does not have a single issue of disagreement, making it uncontested, is rare, yet it does occur. Uncontested divorces are more likely to occur among younger couples who both agree on the divorce, have no children, and have not been married long enough to have a lot of marital assets. A contested divorce involves one or more issues on which the parties disagree, which requires court intervention and increases the time it takes to finalize the divorce.  

Collaborative Divorce or Mediation Is Involved

While mediation can be a good way for couples to settle their differences during a divorce, the process can take between three months and a year. A collaborative divorce usually takes eight to 14 months, and if agreements cannot be reached, the divorce process essentially starts over from scratch.

There Are Significant Assets and Debts

If a divorce is considered a high-asset divorce, it will take much longer. Most high-asset divorces take a minimum of a year, usually longer. Some spouses have dragged out a divorce for more than four or five years, fighting over marital assets.  

The Couple Has Children

The allocation of parental responsibilities, along with parenting time and a parenting plan, can cause a divorce to last much longer than a divorce where the couple has no children. If there are significant disagreements about which parent the children will primarily live with, if one parent wants to move with the children, or if one parent is claiming the other is unfit, then the divorce can take a very long time.

What Can Shorten the Time an Illinois Divorce Takes?

When a couple has a prenuptial or postnuptial agreement, a divorce should go much quicker because many of the typical divorce issues have already been negotiated. Illinois also offers a joint simplified divorce, which is the fastest way to get a divorce. A joint simplified divorce is an uncontested divorce with specific requirements. The couple:

• Must not have children
• Must not rely on one another for financial support
• Must have been married less than eight years
• Must not own any real estate or have an interest in retirement benefits with a value of more than $10,000
• Must have marital property worth less than $50,000 and a combined gross annual income of less than $60,000
• Must have a written agreement dealing with pet ownership and dividing all assets that exceed $100 in value
• Must have disclosed all assets, liabilities, and tax returns for all the years they were married

Contact a DuPage County, IL Divorce Lawyer

If you want a "practical, results-oriented approach" to your divorce, you need a Wheaton, IL divorce attorney from Fawell & Fawell. When you choose our firm, your situation and your family become our priority. Call 630-871-2400 to schedule your free consultation.