Ending your marriage is a huge lifestyle change that can affect your family, friendships, finances, possessions and more. Because divorce can be such an emotionally charged process, it is completely natural if you don’t want to take the scenic route.
There are a few factors that can affect the speed of your Illinois divorce, such as the two parties’ willingness to participate, and different issues that may arise during the divorce.
The good news is, there are ways to expedite your dissolution fairly quickly in McHenry County and the state of Illinois. A divorce can take as long as a few years, but in certain situations, it can also take only a few weeks.
Our team at Diamond Divorce Law is here to help you move on with your life, and it all starts with covering the basics. Learn from our McHenry, IL team of divorce attorneys about how fast you can get a divorce in Illinois.
Requirements for Divorce in Illinois
Before you start the divorce process, there are a few requirements that you must meet. In the state of Illinois, you must meet these conditions:
- One of the parties will have to reside in the state of Illinois for at least 90 days
- Grounds for divorce are no longer considered in the procedure; instead, grounds for divorce are irreconcilable differences.
What are irreconcilable differences in Illinois divorce?
Per the Illinois divorce statute:
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.
This means that if both parties agree they have been living separate and apart due to irreconcilable differences, then they have met the requirements for divorce. Agreement on this part can help expedite the overall divorce process.
Additionally, courts or one of the individuals involved in the divorce can waive the six-month requirement, which would also expedite the process.
Contested vs. Uncontested Divorce
You will come to find whether or not both parties can agree on issues is an important factor in the speed of a divorce. Uncontested divorces pass much more quickly than contested divorces.
But what is the difference between the two?
- Uncontested divorce: You and your spouse agree on all issues, such as custody arrangements, division of assets, etc. Because both parties agree on the issues, uncontested divorces can sometimes even be completely remote or by affidavit without a court hearing. This is true in McHenry County and some other jurisdictions.
- Contested divorce: You and your spouse do not agree on all issues. Depending on the disagreements and how complicated the issues are, contested divorces can involve more steps and take longer.
What assets and arrangements will you need to agree on when you initiate your divorce? It depends on your situation. Some factors include children, marital property, debts, investments, pensions and more.
How to Get an Uncontested Divorce in Illinois
In Illinois, you are now able to complete an uncontested divorce without even going to court. This can be done if both parties are in agreement on all issues and file all of the correct papers and affidavits.
The documents that will be needed will be:
- A petition for dissolution of marriage;
- A written stipulation by the other party agreeing to the terms;
- A formal appearance by the other party;
- A written settlement agreement;
- In cases involving children, a written Allocation Agreement (which is an agreement relating to parenting time and decision making);
- A stipulation that the matter be heard as a default matter;
- A written judgment and dissolution of marriage incorporating the marital settlement agreement and allocation agreement; and
- A few more affidavits showing that the parties are in agreement with the uncontested divorce.
Some of these documents can be put together fairly quickly, especially with a trustworthy divorce lawyer on your side. With a little cooperation, you and your spouse will be able to finish the divorce and move forward to your next chapter.
Contact Diamond Divorce to learn more
Diamond Divorce Law has over 40 years of experience helping people take the reins of their divorce and move forward. We will handle your McHenry, IL divorce with the experience and compassion you need.
DISCLAIMER: Any information contained herein is solely for informational purposes and is only applicable in the state of Illinois. 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.