How Long Does a Divorce Take in Illinois? Quick Answer
A divorce in Illinois can take as little as two weeks for a joint simplified dissolution or stretch to two years or more for a highly contested case. Uncontested divorces typically finalize within one to four months, while contested divorces average six months to two years depending on court caseloads, complexity of assets, and custody disputes. There is no mandatory waiting period for uncontested divorces in Illinois.
Governing Law: The Illinois Marriage and Dissolution of Marriage Act
Divorce in Illinois is governed by the Illinois Marriage and Dissolution of Marriage Act (IMDMA), codified at 750 ILCS 5/101 et seq. This statute was significantly overhauled effective January 1, 2016, through Public Act 99-0090, which modernized the state's approach to dissolution of marriage. The Act covers everything from residency requirements and grounds for divorce to property division, maintenance (alimony), and the allocation of parental responsibilities.
Under current Illinois law, the only recognized ground for divorce is irreconcilable differences. The 2016 amendments eliminated all fault-based grounds such as adultery, abandonment, and cruelty. As an exclusively no-fault divorce state, Illinois does not require either spouse to prove wrongdoing by the other party to obtain a dissolution of marriage.
Residency Requirements Under 750 ILCS 5/401
Before addressing how long does divorce take Illinois courts to process, it is essential to understand the jurisdictional prerequisites.
Under 750 ILCS 5/401(a), at least one spouse must be a resident of Illinois, or stationed in Illinois while a member of the armed services, for at least 90 days. Importantly, this 90-day period can be measured either before the filing of the divorce petition or before the entry of the final judgment. This means a spouse who has recently relocated to Illinois can file immediately upon establishing residency, provided the 90-day threshold is met before the court enters a final judgment.
Key residency points include:
- Only one spouse needs to meet the 90-day residency requirement, not both.
- Military members stationed in Illinois satisfy the residency requirement.
- Residency can be verified through a signed writing, typically the Petition for Dissolution itself.
- For cases involving minor children, the filing spouse typically needs to have maintained residency in Illinois for at least 180 days to establish jurisdiction over custody matters under the UCCJEA.
- Divorce proceedings must be filed in the county where either the petitioner or respondent resides (750 ILCS 5/104).
The Separation Requirement: What Changed in 2016
Understanding the separation rules is critical to knowing how long does divorce take Illinois courts to finalize.
Prior to January 1, 2016, Illinois required a two-year separation period for no-fault divorces based on irreconcilable differences, though the parties could agree to reduce it to six months. The 2016 amendments to the IMDMA streamlined this process significantly:
- If both parties agree that the marriage is irretrievably broken, there is no mandatory separation or waiting period whatsoever. The divorce can proceed immediately.
- If the divorce is contested, a six-month separation period serves as irrebuttable proof that irreconcilable differences exist (750 ILCS 5/401).
- Living "separate and apart" does not necessarily require living in different residences. Couples can satisfy this requirement while living under the same roof, provided they can demonstrate they have ceased functioning as a married couple.
This dual framework means the divorce timeline varies dramatically. Couples who cooperate face virtually no statutory delay, while those in conflict may encounter the six-month separation threshold as a baseline.
Types of Divorce and Their Timelines
Joint Simplified Dissolution: The Fastest Divorce in Illinois
A joint simplified dissolution is the fastest way to finalize a divorce in Illinois, often completing in as little as one to four weeks. Under 750 ILCS 5/452, both parties file a joint petition and must certify that all of the following conditions exist:
- Neither party is dependent on the other for support, or both waive the right to support
- Either party has met the 90-day residency requirement
- Irreconcilable differences have been established
- The marriage lasted less than eight years
- No children were born to or adopted by the parties, and the wife is not pregnant
- Neither party has an interest in real property
- The total value of all marital property is less than $50,000
- The combined gross annual income of both parties does not exceed $60,000, and neither party earns more than $30,000
- The parties have disclosed all assets and tax returns and agree on the division of property
Because this process eliminates discovery, mediation, and contested hearings, it represents the fastest divorce available in the state.
Uncontested Divorce: 1 to 6 Months
An uncontested divorce occurs when both spouses agree on all major issues, including property division, allocation of parental responsibilities (if applicable), child support, and maintenance. The parties submit a Marital Settlement Agreement (MSA) to the court, and a "prove-up" hearing is scheduled where a judge reviews and approves the agreement.
The divorce duration for an uncontested case typically ranges from one to six months. Primary delays include:
- Service of process on the respondent (approximately two to four weeks)
- The respondent's 30-day window to file an Appearance and Answer
- Court scheduling for the prove-up hearing
- Completion of mandatory parenting classes if minor children are involved
There is no mandatory waiting period for uncontested divorces in Illinois, so the primary constraint is the court's calendar.
Contested Divorce: 6 Months to 2+ Years
Contested divorces arise when spouses disagree on one or more key issues, such as property division, parenting time, decision-making responsibilities, child support, or maintenance. These cases follow a longer procedural path:
- Filing and Service (Weeks 1 through 6): The petitioner files the Petition for Dissolution of Marriage and serves the respondent. The respondent has 30 days to file a response.
- Discovery (Months 2 through 6): Both parties exchange financial documents, interrogatories, and depositions. Complex estates involving business valuations, hidden assets, or multiple properties can extend discovery.
- Mediation (Months 4 through 8): Illinois courts frequently order mediation to resolve disputes outside of trial. This process can take one to three months.
- Pre-Trial Motions and Hearings (Months 6 through 12): Temporary orders regarding custody, support, and use of marital property may be litigated.
- Trial (Months 9 through 18+): If mediation fails, the case proceeds to trial. Court backlogs vary by county but expect a wait of several months for a trial date.
- Final Judgment (30 to 90 days post-trial): After trial, expect 60 to 90 days for the court to issue its final divorce decree.
Contested divorces frequently take anywhere from six months to two years, with particularly complex or high-conflict cases exceeding that range.
Mediated Divorce: 3 to 12 Months
Mediation is a voluntary or court-ordered process where a neutral mediator facilitates settlement between the parties. Mediated divorces typically take between three months and one year to complete. The divorce timeline depends heavily on the parties' willingness to negotiate and the number of contested issues.
Collaborative Divorce: 8 to 14 Months
In a collaborative divorce, each party retains an attorney trained in collaborative practice. The parties and attorneys sign an agreement to negotiate in good faith and resolve all issues without going to court. This process usually takes around eight to fourteen months, depending on complexity and cooperation.
Filing Fees and Court Costs
Divorce filing fees in Illinois vary from county to county, as each circuit clerk sets its own fee schedule. Based on current data:
- The average filing fee for initiating a divorce ranges between approximately $250 and $400, depending on the county.
- In Cook County, the cost to file a petition for dissolution of marriage is $388.
- In DuPage County, the filing fee is approximately $348.
- In Madison County, a standard dissolution requires $503 in total filing fees ($314 to file the case and $189 for an answer).
- In Kane County, the fee schedule effective December 31, 2025, lists family case filing fees at $364.
- The respondent must also pay a fee to file an Appearance (for example, $251 in Cook County, $239 in Kane County).
As of February 2025. Verify with your local clerk.
Additional costs may include:
- Service of process fees (varies by county; the sheriff charges varying amounts)
- Mandatory parenting class fees for divorces involving minor children
- Mediation fees if ordered by the court
- Attorney retainer fees, which vary widely based on location and experience (hourly rates typically range from $250 to $750 per hour)
- Expert witness fees (forensic accountants, child psychologists, business valuators)
If you cannot afford filing fees, you may petition the court for a fee waiver by filing an Application to Sue or Defend as an Indigent Person.
Factors That Affect How Long Divorce Takes in Illinois
Several variables determine the divorce duration in your specific case:
- Level of Agreement: Spouses who agree on all terms achieve the fastest divorce possible. Every disputed issue adds time.
- Complexity of Assets: High-net-worth divorces involving multiple properties, retirement accounts, business interests, or stock options require valuation experts and extended discovery.
- Children: Cases involving minor children add layers of complexity, including parenting plans, custody evaluations, guardian ad litem appointments, and mandatory parenting classes.
- Court Backlog: Some Illinois counties, particularly Cook County, have heavier caseloads that can delay hearing dates by weeks or months.
- Cooperation of Both Parties: An unresponsive spouse can slow the process significantly. If service by publication becomes necessary, expect additional weeks of delay.
- Attorney Involvement: While not legally required, experienced legal representation typically expedites the process by ensuring correct paperwork, meeting deadlines, and efficiently navigating court procedures.
How to Speed Up Your Illinois Divorce
If you want the fastest divorce possible in Illinois, consider these strategies:
- Agree on all terms before filing. Reach agreements on property, support, and parenting issues with your spouse before initiating the case.
- Qualify for joint simplified dissolution. If you meet the statutory criteria under 750 ILCS 5/452, this is the quickest path.
- Prepare all documents accurately. Incomplete or incorrect filings cause avoidable delays.
- Respond promptly to all court deadlines and requests for documents.
- Use mediation proactively. Do not wait for the court to order it; begin negotiating early.
- Hire experienced counsel. An attorney familiar with local court rules and judges can anticipate and avoid common pitfalls.
- Consider waiving service. If both spouses cooperate, the respondent can file a voluntary Appearance, eliminating the need for formal service of process.
Key Illinois Divorce Statutes Reference Table
- Governing Act: 750 ILCS 5/101 et seq. (Illinois Marriage and Dissolution of Marriage Act)
- Grounds for Divorce: 750 ILCS 5/401 (irreconcilable differences only)
- Residency Requirement: 750 ILCS 5/401(a) (90 days)
- Venue: 750 ILCS 5/104
- Joint Simplified Dissolution: 750 ILCS 5/452
- Property Division: 750 ILCS 5/503 (equitable distribution)
- Maintenance: 750 ILCS 5/504
- Child Support: 750 ILCS 5/505 (income shares model)
- Allocation of Parental Responsibilities: 750 ILCS 5/602.5 through 5/602.10
Frequently Asked Questions
Q1: How long does a divorce take in Illinois if both spouses agree?
When both spouses agree on all terms, an uncontested divorce in Illinois can be finalized in as little as one to four months. A joint simplified dissolution, if you qualify, can be completed in as little as one to four weeks. There is no mandatory waiting period for uncontested divorces in Illinois, so the primary constraint is completing paperwork and getting a court hearing date.
Q2: Is there a mandatory waiting period for divorce in Illinois?
Illinois eliminated mandatory waiting periods for uncontested divorces as part of the 2016 overhaul of the IMDMA. If both parties agree the marriage is irretrievably broken, there is no separation requirement. For contested divorces, a six-month separation period creates an irrebuttable presumption that irreconcilable differences exist under 750 ILCS 5/401. Couples can live "separate and apart" under the same roof to satisfy this requirement.
Q3: How much does it cost to file for divorce in Illinois?
Filing fees vary by county and generally range from $250 to $400 for the initial petition. For example, Cook County charges $388 to file a divorce petition, while DuPage County charges approximately $348. Madison County requires $503 in total filing fees. Additional costs include service of process fees, attorney fees, and potential mediation or expert witness costs. As of February 2025. Verify with your local clerk.
Q4: What is the fastest way to get a divorce in Illinois?
The fastest divorce available in Illinois is the joint simplified dissolution under 750 ILCS 5/452. Qualifying couples can finalize their divorce in as little as one to four weeks. To qualify, the marriage must have lasted fewer than eight years, there can be no children, neither spouse can have real property interests, total marital property must be under $50,000, and combined gross income cannot exceed $60,000. Both parties must agree on the division of all assets and debts.
Q5: Do I need a lawyer to get divorced in Illinois?
No, you are not required to hire a lawyer to file for divorce in Illinois. You may represent yourself (proceed "pro se") throughout the process. However, because the judge cannot provide you with legal advice, many people consult with a divorce lawyer to help with paperwork, ensure their rights are protected, and avoid costly mistakes. This is especially important in contested cases or those involving significant assets or children.
Q6: Can I file for divorce in Illinois if I just moved here?
Yes. There is no pre-filing waiting period in Illinois. You can file for divorce immediately upon establishing residency. However, the court cannot enter a final judgment of dissolution until at least one spouse has maintained Illinois residency (or military presence) for 90 days, as required by 750 ILCS 5/401(a). This means your case can proceed during the 90-day period, but the final decree will not be issued until the residency threshold is met.
Q7: Does Illinois require fault grounds for divorce?
No. Since January 1, 2016, Illinois has been an exclusively no-fault divorce state. The only ground for dissolution of marriage is irreconcilable differences (750 ILCS 5/401). Fault-based grounds such as adultery, cruelty, and abandonment were eliminated by Public Act 99-0090. Marital misconduct does not factor into property division or maintenance decisions.
Q8: How is property divided in an Illinois divorce?
Illinois follows the equitable distribution model under 750 ILCS 5/503. This means marital property is divided fairly, though not necessarily equally. The court considers factors such as the duration of the marriage, each spouse's contributions (including homemaking), the value of each spouse's non-marital property, the economic circumstances of each spouse, and any prenuptial or postnuptial agreements. Non-marital property, such as gifts and inheritances, generally remains with the owning spouse.
Q9: What happens if my spouse does not respond to the divorce petition?
If your spouse is properly served but fails to file an Appearance and Answer within 30 days, you may seek a default judgment. The court will proceed with the divorce based on the information provided in your petition. A prove-up hearing will be scheduled where you present your case to the judge. The respondent may lose the ability to contest the terms of the divorce, including property division, support, and custody arrangements.
Q10: How does having children affect the divorce timeline in Illinois?
Divorces involving minor children typically take longer due to additional legal requirements. Both parents must complete a mandatory parenting class before the judgment can be entered. The court must approve a parenting plan addressing the allocation of decision-making responsibilities and parenting time. If parents cannot agree, the court may order mediation, appoint a guardian ad litem, or require custody evaluations, each adding weeks or months to the overall divorce timeline. For establishing jurisdiction over custody, the filing parent generally needs 180 days of Illinois residency under the UCCJEA.
Disclaimer
This guide is provided for general informational purposes only and does not constitute legal advice. The information reflects Illinois law as of February 2025, but statutes, court rules, and filing fees are subject to change. No attorney-client relationship is formed by reading this guide. For advice specific to your situation, consult with a licensed Illinois family law attorney.
Written by Antonio G. Jimenez, Esq. | Florida Bar No. 21022 | Covering Illinois divorce law