2. How long does a divorce take?
How long a divorce takes is a difficult question to answer. Countless variables have to be taken into consideration. I’ve had people come to my office ready for the battle of the ages–I prepared them for a long, hard, expensive divorce case. Some of those people came back 2 weeks later and said “I listened to what you said. My spouse and I talked and here’s our agreement” (uncontested divorce) Done in a couple week.
Alternatively, I’ve had people come in with their agreement terms in hand (uncontested divorce) and ask me to draw up the documents. Next thing I know I receive a call from an attorney asking “Are you nuts?” and the gloves came off (contested divorce).
I don’t know how long your case will last except for this: It lasts until you and your spouse come to an agreement, the divorce court decides there’s been too much fighting and your case goes to Trial, or the underlying Petition for Dissolution is withdrawn (reconciliation). If you reach an agreement with your spouse, Judgment could be entered between 5 days and 2 weeks depending on your county.
You also have to take into consideration different counties local rules-for example, Will County and Kane County will NOT enter a Judgment for Dissolution of Marriage less than 30 days after service of summons (or filing of Defendant’s appearance). That means that even though you have agreed to everything, documents are signed and you’re all set to be divorced, you have to wait until you meet the local rules “waiting period” before a divorce judgment can be entered. Likewise, if children are involved, both parties MUST complete that counties’ divorcing parents class.
Another factor to that plays in is how overwhelmed your particular county is with domestic relations cases. For example, in Cook County, where the divorce rate is voluminous, your case probably won’t even come close to the trial docket for 2 or 3 years. A contested divorce case in DuPage, Kendall or Kane county will probably be done in 2 years or less. A “simple divorce” in DuPage, Kane or Kendall County usually takes about 1 year if it proceeds to trial–much less if you come to an agreement.
I believe that part of my job as an attorney is to provide the quality legal service you expect and deserve, within a manageable budget, AND as quickly as possible. The wheels of justice move slowly. They move even slower when parties fight.
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