How Long Does Divorce Take in Illinois?

 Posted on July 01, 2016 in Divorce

The idea of divorce often conjures up thoughts of protracted legal battles, extended periods of strife between spouses, and bitter custody disputes over children. Divorce is often seen as an extremely expensive endeavor where each side battles as hard as possible to prevent their ex-spouse from receiving the lion’s share of the marital property.

While it is true that some couples end up going through messy divorces because they fail to agree on the issues of maintenance (alimony), allocation of responsibilities for the child (custody), support, and who gets the house and car, the reality is that it doesn’t necessarily have to be this way. Where old Illinois divorce laws once set the stage for prolonged divorce proceedings, new 2016 Illinois divorce law changes have made it easier for couples to amicably divorce and go their separate ways.

Prior to January 1st, 2016, couples seeking an at-fault divorce needed to do so on one of several fault-based grounds, such as adultery, allegations of physical abuse, or if the spouse was a felon. Furthermore, individuals seeking a no-fault divorce from their spouse had to be separated for two years and must have demonstrated failed attempts at reconciliation in order to prove irreconcilable differences and be granted a no-fault divorce.

Timeline for divorce under new Illinois laws

New Illinois divorce laws make it much easier for couples to finalize divorce, whether one party contests the petition or not. This, in turn, can reduce the number of months it may take before courts finalize a divorce and the couple is no longer legally married.

An uncontested divorce can end up taking the least amount of time to resolve. An uncontested divorce means the two parties agree on the division of marital assets and debts, who will pay maintenance and for how long, or any other consideration to the marriage.

When couples are able discuss and sort through all of the issues that arise in a divorce, they avoid trial, settlement conferences, and extended discussions with attorneys about strategy of their case. Lengthy and tumultuous divorces are often caused by disagreement over property, alimony, and parental responsibilities, and can take months or even years to resolve.

Downers Grove divorce attorneys

If you and your spouse are considering filing for divorce, contact our office for a consultation about your case. The experienced Downers Grove divorce attorneys of Fay, Farrow & Associates, P.C. have years of experience helping individuals reach an expedient and fair resolution to their divorce in Downers Grove, Lombard, Wheaton, Naperville, Lisle, West Chicago and Aurora.