Does Illinois Have A Waiting Period To Get A Divorce?
When people first meet with me to discuss filing for divorce in Illinois, one of the most common questions I’m asked is how long the process typically takes. Divorce can be emotionally and financially overwhelming, so it’s natural to want to know when the process can officially begin and end. Illinois law establishes certain timeframes and requirements that determine how quickly a divorce can move forward.
The key issue is whether Illinois imposes a waiting period before a divorce can be granted. Under 750 ILCS 5/401(a) of the Illinois Marriage and Dissolution of Marriage Act, there used to be a six-month separation requirement for no-fault divorces. However, the law was amended to make the process more efficient and less burdensome. Today, Illinois recognizes “irreconcilable differences” as the sole ground for divorce, and in many cases, there is no mandatory waiting period if both spouses agree that the marriage is over.
Illinois Divorce Grounds And The Role Of Irreconcilable Differences
Illinois no longer requires one spouse to prove fault, such as adultery, cruelty, or abandonment, to dissolve a marriage. Section 750 ILCS 5/401(a) clearly states that a divorce may be granted when “irreconcilable differences have caused the irretrievable breakdown of the marriage” and efforts to reconcile have failed or would not be in the family’s best interests.
If both spouses agree that the marriage is irretrievably broken, the court can proceed without delay. However, if one spouse disputes that claim, the law provides that living “separate and apart” for at least six months serves as proof of irreconcilable differences. This means that while there isn’t a fixed waiting period for every case, a six-month separation presumption may apply if the divorce is contested.
What Does “Separate And Apart” Mean Under Illinois Law?
The term “separate and apart” can be confusing. It doesn’t always mean that the spouses have to live in different homes. Illinois courts recognize that financial circumstances or child custody arrangements sometimes require spouses to remain under the same roof. What matters is whether they live separate lives and no longer act as a married couple, even if they share the same physical residence.
Under Illinois case law and the framework of 750 ILCS 5/401(a), this separation is used to determine whether a marriage has truly broken down. The six-month timeframe becomes relevant only if one party denies that the marriage is beyond repair.
No Waiting Period For Agreed Divorce Cases
If both parties agree to the divorce and all terms, such as property division, custody, and support, are settled, there is no mandatory waiting period before the judge can enter a final judgment. Illinois courts often move uncontested cases quickly through the system.
This change was made to reduce unnecessary delays and to respect the right of spouses to move on with their lives once the marriage is over. In most uncontested divorces filed in Cook County and surrounding areas, such as Schaumburg and DuPage County, the process can take as little as a few weeks from filing to final judgment, provided all paperwork is in order.
The Impact Of Children, Property, And Contested Issues On The Timeline
Even though Illinois law may not impose a statutory waiting period, the practical timeline can vary depending on the complexity of the case. Divorces involving children, substantial assets, or disputes over property and support typically take longer.
Issues such as parenting plans under 750 ILCS 5/602.5 or child support calculations under 750 ILCS 5/505 often require multiple hearings or mediation sessions before the court will finalize the divorce. Similarly, disagreements over maintenance (alimony) under 750 ILCS 5/504 can extend the process.
In these cases, while there’s technically no waiting period, it may take several months to reach a resolution due to court scheduling and the time needed to negotiate or litigate contested issues.
How Illinois Courts Treat Temporary Orders
While a divorce is pending, either spouse may request temporary relief for child support, spousal maintenance, or possession of the marital home under Section 501 of the Illinois Marriage and Dissolution of Marriage Act (750 ILCS 5/501). These temporary orders can help stabilize the situation while the divorce proceeds.
Understanding these provisions is critical because, even though there is no official waiting period for filing or granting a divorce, the case cannot be finalized until all temporary matters and disputes are resolved. As a family law attorney, I guide my clients through these steps to ensure that their rights and financial interests are protected throughout the process.
Residency Requirement Versus Waiting Period
Some people confuse the residency requirement with a waiting period. Under 750 ILCS 5/401(a), at least one spouse must have been a resident of Illinois for 90 days before the divorce judgment is entered. This rule ensures that the Illinois court has proper jurisdiction to dissolve the marriage.
This residency requirement is separate from any waiting period and applies even to uncontested divorces. If neither spouse meets this requirement, the case cannot proceed in Illinois courts until the condition is satisfied.
How An Experienced Schaumburg Divorce Attorney Can Help
Even when both spouses agree to end the marriage, completing the process correctly is essential to avoid legal complications later. Drafting a settlement agreement, dividing assets, and ensuring compliance with Illinois law requires precision and care.
I work closely with clients to make sure their divorce documents meet all legal standards and accurately reflect the terms they’ve agreed upon. Whether you’re pursuing a contested or uncontested divorce, having a knowledgeable attorney ensures your case moves forward efficiently and that no procedural mistakes delay your final judgment.
FAQs About Illinois Divorce Waiting Periods
Is There A Mandatory Waiting Period Before I Can File For Divorce In Illinois?
No. Under 750 ILCS 5/401(a), you can file for divorce at any time once you decide that the marriage has broken down. The former mandatory separation period was eliminated. However, if your spouse disputes that the marriage is irretrievably broken, a six-month separation creates a legal presumption that irreconcilable differences exist.
Can I Get A Divorce If My Spouse And I Still Live Together?
Yes. Living under the same roof does not prevent you from filing for divorce as long as you live “separate and apart” in practice. Courts look at whether you maintain separate finances, bedrooms, and daily lives rather than your mailing address or residence status.
How Long Does An Uncontested Divorce Take In Illinois?
If both spouses agree on all terms, the process may take only a few weeks once the paperwork is filed and reviewed by the court. However, delays can occur if the court docket is full or if documents need revisions. Having an attorney ensures that your filing is complete and compliant with Illinois procedural rules.
What If My Spouse Refuses To Sign The Divorce Papers?
If your spouse will not cooperate, you can still proceed with the case. The court will serve your spouse with notice, and the case can move forward even without their consent. Once the six-month separation presumption applies, the court can finalize the divorce based on irreconcilable differences.
Does The Waiting Period Apply To Divorces With Children?
The six-month presumption is unrelated to parenting issues. However, when minor children are involved, the court will require a detailed parenting plan and child support calculations under Section 505 of the Illinois Marriage and Dissolution of Marriage Act (750 ILCS 5/505). These additional steps may extend the timeline before a final judgment can be entered.
Is There A Way To Expedite My Divorce Case?
Yes, if you and your spouse agree on all issues, your attorney can request an expedited hearing. Submitting complete and accurate documents—including financial affidavits, settlement agreements, and parenting plans—helps the court process your case more quickly. Judges often prioritize uncontested matters that meet all statutory requirements.
Can I File For Divorce If I Just Moved To Illinois?
You can file for divorce only after one spouse has lived in Illinois for at least 90 days before the final judgment is entered. If you have recently moved, you may begin preparing your case immediately; however, you must meet the residency rule before the court grants the divorce.
What Happens If We Reconcile During The Waiting Period?
If you and your spouse decide to reconcile, you may request that the case be dismissed. Illinois courts support reconciliation efforts, and dismissal does not prevent you from refiling in the future if circumstances change.
Call The Law Office Of Fedor Kozlov For Guidance
If you’re considering filing for divorce in Schaumburg or anywhere in the Chicago area, understanding Illinois’ waiting period rules can help you make informed decisions. I handle every case with care and work to ensure my clients move forward efficiently and with confidence.
At the Law Office of Fedor Kozlov, we represent clients in Schaumburg and throughout the Chicago area in all family law matters, including divorce, custody, support, and property division. Contact our Chicago divorce lawyer at the Law Office of Fedor by calling (847) 241-1299 to schedule a consultation. You deserve trusted legal guidance during this important transition, and our firm is here to help you take the next step toward your new future.
