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How Long Can I Expect My Illinois Divorce to Take? 

 Posted on August 15, 2023 in Divorce

Wheaton, IL divorce lawyerThe duration of a divorce process in Illinois can vary depending on several factors. Today, we will discuss the typical timeline of an Illinois divorce, providing insights into the critical stages and factors that could affect its length. During this difficult time, hire a qualified divorce lawyer to ensure you are able to receive the legal counsel you need to effectively navigate your divorce.

These Factors Can Affect the Length of Your Divorce 

Divorces are intricate legal matters that require careful navigation of legal procedures. While it is impossible to predict with absolute certainty the exact duration of a divorce, here is a general outline based on the average timeline of an Illinois divorce:

  1. Filing for Divorce – The Illinois divorce process typically begins with filing for divorce. In Illinois, this is referred to as the Petition for Dissolution of Marriage, and it must be filed in the county where you or your spouse reside. Once the petition is filed, a copy is served to the other party, who then has 30 days to respond. If both spouses agree to the terms of the divorce, this is called an uncontested divorce. Uncontested divorces are generally quicker than contested divorces, as there are fewer issues that need to be decided. In situations where spouses do not agree on the terms of the divorce, this is called a contested divorce. Because of the nature of contested divorces, they will almost certainly elongate the divorce period. 

  2. Discovery period – During this crucial phase, both parties collect and exchange financial information and relevant documentation like income statements, property, and asset valuations. Based on the case's complexity, discovery typically takes place within a few weeks or months after the initial filing. If financial relief or custody issues are brought to question, additional time may be required for evaluations, forensic accountants, or mental health professionals to assess the situation thoroughly. 

  3. Negotiation and settlement – Most divorce cases settle before trial, often through mediation. Settlement agreements focus on resolving each important matter in the divorce. The time spent on negotiation will depend on the willingness of both parties to cooperate, the complexity of the issues involved, and the efficiency of legal proceedings. 

  4. Trial and judgment – If the divorce goes to trial, this makes the divorce process significantly longer. Courtroom divorce litigation can be highly unpleasant for all involved and can take months to resolve.

Contact a DuPage County, IL Divorce Lawyer

Regardless of whether you think your divorce will be a long one or a short one, contact the experienced Wheaton, IL divorce attorneys with The Stogsdill Law Firm, P.C.. Call 630-462-9500 for a private consultation.

Source - https://www.ilga.gov/legislation/ilcs/ilcs5.asp?ActID=2086&ChapterID=59

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