Sterling, IL asked in Divorce for Illinois

Q: How long does it take to a divorce be finalized

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2 Lawyer Answers

A: A judgment for dissolution of marriage may be entered on the same day the prove-up (uncontested or settled cases) hearing. There is no waiting period in Illinois for a divorce to be final.

A contested divorce will require a trial. The judge will hear all the evidence and render his/her decision. The judgment may be written by the judge or the judge may issue his/her ruling from the bench and direct the prevailing attorney to prepare the judgment. Typically, the judge directs the attorneys to draft the necessary documents for his/her signature.

There is one important thing to know about the finality of a judgment. A judgment may be reconsidered or vacated or appealed within a 30 day window of time after the judgment of the court has been entered.

I represented a woman whose attorney was charging her to have sex with him. She did not have an opportunity to question the attorney's bill until the day of the final hearing. She tried to object to the total bill without success. After nearly losing her home at sheriff's sale initiated by her former attorney in an effort to collect the thousands of dollars in legal fees he was seeking, I filed a successful appeal with the Illlinois Appellate Court. The case is In re the Marriage of Kantar v. Friedman,414 N.E. 2d 77, 91 IL APP 3d 941 (1991). Also see my blog of February 21, 2012.

A: If the parties agree to all of the issues, then a case can take a very short time. If there are contested issues, then a case can take a long time.

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