If you do not meet those requirements but want to expedite the process, you will need to file on other grounds.
Filing on the ground of irreconcilable differences requires you to have been living separate and apart for at least two years or, if you both agree to the divorce, for at least six months.
Of course, you may already meet these requirements, in which case they will present no delay in processing your petition. After your petition for dissolution of marriage has been submitted to the circuit court, the clerk’s office will within two weeks provide you with a case number and the name of the judge assigned to your case, and issue your summons.
Once your summons has been served on your spouse — a process that can take the sheriff’s office another two to three weeks — your spouse will have 30 days in which to indicate whether it is being contested or not.
Divorce takes as long as it takes to get it done right. recognize the difficulties and sometimes agony a protracted divorce can inflict, as well as the higher costs, and we make every attempt to manage your end of the divorce as quickly as possible.
There are many considerations that can prolong the process. Exactly how long it will take you to get a divorce depends mostly on how amenable your spouse is to the idea and to what degree your spouse intends to argue such issues as allocation of parental responsibilities and support.
Uncontested divorce takes as little as two weeks to two months, while contested divorce takes as long as 18 to 30 months depending on the issues involved.
Before a divorce petition can be filed, one of the spouses must have resided in Illinois for at least 90 days, or 180 days if there are children whose custody needs to be assigned.
If your spouse does not respond, we will ask the court to assign a date for a court appearance you both must attend, which is typically scheduled another four weeks out.
If your spouse does not appear on the hearing date mandated, the judge may issue a default ruling awarding you a divorce.
In Lake County, six months and a day must pass from the date your spouse was served notice before you can be restored to single status; unresolved issues such as allocation of parental responsibilities will be decided by the court at a later date.
The no-fault approach imposes a two-year separate and apart (or six-month) requirement.