I Want a Divorce. How Long Will It Take in Illinois?

 Posted on October 17,2024 in Divorce

It can take a couple a long time to conclude that the only path forward for them is divorce. After years of trying to make it work, going through couples or individual therapy, reading books and listening to podcasts by relationship experts, and living through an unhappy marriage, some people might feel impatient to put this all behind them once they are ready to split up. Many wonder how long a divorce takes to finalize. The answer is that it depends on several factors, including what the couple needs to divide, how the spouses communicate, and which divorce method they choose. This article will describe the more common options for divorce in Illinois and how long you can expect each to take. Consult with a knowledgeable Arlington Heights, IL divorce lawyer to learn more.

5 Types of Divorce Explained

Different types of divorce appeal to different couples based on factors such as the dynamics between the spouses, the marital estate that needs to be divided, whether they have children and more. 

• Uncontested divorce: The spouses file for divorce together, having already discussed every aspect of divorce, including a parenting plan, alimony, who will keep the home, what will happen with their retirement plans, and more. Since they already have a divorce settlement that they simply need the court’s approval for, the only main holdup once the couple files is based on the court’s availability to schedule a hearing. Additionally, there is no mandatory waiting period. An uncontested divorce can take two months to a year.
• Contested divorce: If the couple does not agree on even one aspect of their divorce, uncontested divorce is no longer an option. Each spouse has his or her own attorney, and it might take several rounds of negotiation to reach a settlement. Depending on the couple, a contested divorce can take six months to a year or longer.
• Joint simplified divorce: When a couple’s marital estate is worth less than $50,000, they have no children, they have been married for eight years or less, and they have no retirement benefits or real estate to divide, they have the option of ending their marriage through a joint simplified divorce. This is similar in many ways to uncontested divorce, particularly in that the main source of delay is generally the court schedule. Still, it can be the fastest to resolve since there is less to discuss. Joint simplified divorce can be finalized in one week to one month.
• Mediated divorce: A couple attends several sessions with a mediator to negotiate an acceptable settlement for both spouses. If they reach a settlement, it can take three months to a year to finalize. If not, mediation ends, and they begin the contested divorce process.
• Collaborative divorce: This can be the lengthiest and most expensive process but also the least contentious. While this tends only to be a relevant option for couples with significant means who have children, it includes a tailor-made team of professionals to help the spouses decide how to divide custody and assets in a way that is meant to protect the child’s best interest. With lawyers, child psychologists, social workers, mediators, and more dedicated to helping the couple end their marriage with a settlement they can both feel comfortable with, collaborative divorce can take eight to fourteen months.

Contact an Arlington Heights, IL Divorce Lawyer

If you and your spouse are considering divorce, speak with a qualified Arlington Heights, IL family law attorney to review your case and understand what type of divorce might suit your needs. At A. Traub & Associates, we are passionate about giving our clients all the knowledge they need to make informed decisions that serve their interests. Call us at 847-749-4182 to schedule a private consultation.