How Long Does It Take To Finalize A Divorce In Illinois?
Illinois divorce law requires residency in the state for at least 90 days. Illinois is a “no fault” state – you can divorce on the grounds of “irretrievable breakdown” or after a legal separation of at least two years. Other grounds for divorce include domestic violence, alcohol addiction, drug addiction, and willful desertion. You can read the Illinois statutes HERE.
What Factors Affect The Timetable of Your Divorce?
The timeline of a divorce can be dependent upon to what degree you and your spouse agree on such issues as allocation of parental responsibilities and child support. A simple uncontested divorce takes as little as two months, while an contested divorce can take much longer depending on the issues involved.
The filing process
The filing process varies from county to county. After your petition for dissolution of marriage has been submitted to the circuit court, the clerk’s office will provide you with a case number and the name of the judge assigned to your case, and issue your summons. Once your your spouse has been served their summons (this can take the sheriff’s office two to three weeks), your spouse will have 30 days in which to state whether the divorce is contested or not. If your spouse does not respond, we can ask the court to assign a date for a court appearance that both parties must attend – this can add another four weeks to the timeline. If your spouse still does not appear on the hearing date the judge in some cases can issue a default ruling awarding you a divorce.
The fastest way to get a divorce in Illinois is to get an uncontested divorce. This requires that you and your spouse agree on all issues.
If you can get your spouse to sign an Entry of Appearance, Waiver and Consent form (Form-540-Entry-of-Appearance-Waiver-and-Consent.pdf), which states that they agree to the need of a divorce – the person waives the need to be served with a summons and the 30-day wait period between receipt of the petition and a court date.
Contact A Divorce & Legal Separation Lawyer For Help
For more information about divorce and legal separation in Illinois, contact Van Der Snick Law Firm, LTD – we serve Kane County, DeKalb County, Kendall County and the surrounding towns areas and counties.