Effingham, IL asked in Divorce for Illinois

Q: I was told that it takes at least 6 months to file divorce or I have to wait 6 months for it to finalize. Is this true?

I have signed legal seperation papers. Spouse is moving out next week.

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2 Lawyer Answers
Andrew John Hawes
Andrew John Hawes
Answered
  • Niles, IL
  • Licensed in Illinois

A: While there is not set time frame, it will likely take time (6 months is a reasonable estimate). For example, you have to serve the divorce petition upon your spouse. To do so, you either have to have the cook county sheriff deliver the documents, or get a motion for a special process server, get an order allowing you to use a special process server, and then the special process server has to deliver it.

If you go the sheriff's route, it will take them a minimum of three weeks to serve your papers. From my experience, it may take them as long as 6 weeks. I guess it's just a backlog of filings or they are understaffed.

After service, you will have additional court dates, mandatory mediation, and mandatory focus on children (if you have any children) classes. This all takes time.

It is not uncommon for a divorce to take as long as a year. I've even seen divorces that take 2 years, but this is less common. Really, the more cooperative you and your spouse are, the quicker the process will be.

J. Richard Kulerski
J. Richard Kulerski
Answered
  • Oak Brook Terrace, IL
  • Licensed in Illinois

A: No, neither is true. Six months comes into play only in no-fault cases, and most people have completed their six months before they file.

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