n Illinois, as in many other states, a divorce may go as fast as a matter of weeks or as slow as a matter of years.
What makes the difference?
Diamond Legal has helped hundreds of Illinois residents through their divorce. Here is a closer look at divorce in Illinois and how an attorney can help you through the process.
Factors in an Illinois Divorce
The controlling factor is whether or not parties are in agreement on all issues or not.
If parties are in agreement on all issues, a divorce could be completed in a matter of weeks. In some jurisdictions divorces can even be completed remotely and sometimes by affidavit without a court hearing. These are what are considered uncontested divorces.
Contested divorces are divorces where there are issues that are not agreed upon. Sometimes there are small issues; other times there are big, complicated issues.
These could include any of the following:
- Matters relating to children
- Matters relating to division of marital property
- Matters relating to marital debt
Requirements for Divorce in Illinois
There are also basic jurisdictional requirements in all divorces.
- One of these is that one of the parties will have to reside in the state of Illinois for at least 90 days.
- In the past, another important issue was grounds, such as desertion, adultery, physical or mental cruelty etc. These are no longer relevant. In Illinois, the grounds for divorce are now irreconcilable differences.
The Illinois divorce statute states:
Irreconcilable differences have caused the irretrievable breakdown of the marriage and the court determines that efforts at reconciliation have failed or that future attempts at reconciliation would be impractical and not in the best interest of the family.
If the parties live separate and apart for a continuous period of not less than six months immediately preceding the entry of a judgment dissolving the marriage, there is a presumption that the requirements of irreconcilable differences has been met.
The courts and individuals frequently simplify and expedite this provision. For example, the parties may allege and agree that they have been constructively living separate and apart even though they were in the same household. Another example is the court and/or an individual waiving the six-month requirement.
So, in Illinois, grounds for divorce are not really the basis for any substantial delay.
What does cause delays is when parties are not in agreement on issues.
Get the Legal Representation You Need for your Illinois Divorce
Diamond Divorce Law has helped thousands of families through divorce. If you are ready to file for divorce in Illinois, call Diamond Legal for an initial case review and to determine the best way to proceed with your divorce case.
DISCLAIMER: Any information contained herein is solely for informational purposes. While it is important that you educate yourself, nothing herein should be construed as legal advice or create an attorney-client relationship. For specific questions, we urge you to contact a local attorney for advice pertaining to your specific legal needs.
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