How Long to Get a Divorce in Illinois?
One of most common questions asked by couples getting divorced in Illinois is how long the process takes. The answer varies from case to case and depends on whether the parties can agree on all issues and scheduling constraints of judges and attorneys. There are statutes that dictate time frames for filing an answer to the Petition for Dissolution of Marriage and discovery pleadings.
Other People Are Reading
-
Uncontested Divorce
-
In an uncontested divorce, all the pleadings -- the initial Petition for Dissolution, the respondent's answer, both parties' financial affidavits and other required pleadings -- are filed at the same time. The Petition for Dissolution of Marriage may incorporate a settlement agreement. The court ratifies the settlement agreement and incorporates it into the final judgment. Depending on the court's schedule, this process could take as little as 30 days.
Service of Pleadings
-
If a divorce is contested, the Petitioner files a Petition for Dissolution of Marriage. It must be served on the respondent by a sheriff or a process server. This process could take a day to weeks or months, depending on the difficulty in finding the respondent.
-
Response to Pleadings
-
Once the respondent is served, she has 30 days from the date of service to file an Answer and Counter Petition. If the respondent does not file an Answer within the 30 days, she is in default and the petitioner can ask for a default in the case. The petitioner attends a final default hearing. If the respondent shows up and can show good cause as to why she did not file an answer, the court may award extra time for the respondent to file a response. If the court does not award extra time, the matter is heard at the time of the final default hearing and the parties become divorced.
Contested Divorce with Issues
-
Normally, a divorce moves through the courts quickly and can be done in less than a year, unless there are extenuating circumstances. Once the respondent files a response and a counterpetition, one of the parties may file additional pleadings for relief (child custody, visitation, alimony, child support, sole and exclusive use of the marital home). These pleadings are usually heard before the final hearing and result in a temporary order. A party to the lawsuit files these types of pleadings if the divorce is taking too long (because of discovery issues or other issues). Divorces with many issues the parties cannot agree on can take several years to go through the system.
One-Signature Divorces
-
Sometimes, one of the parties cannot be found. In order to "serve" the "lost" respondent, the petitioner must file a notice of divorce proceedings in a local newspaper. The notice must be published once a week for three weeks (successive). The first publication must be at least 30 days before a default is entered.
-
