The Timeline of a Divorce in Illinois

 Posted on August 03, 2025 in Divorce / Family Law

Understanding the steps of divorce and how long each one might take can reduce the stress of planning for the unknown. In Illinois, the divorce process follows a structured sequence, but the total time a divorce takes depends on how cooperative the spouses are, whether children or significant assets are involved, and how contested the issues become. 

If you are considering ending your marriage, speaking with our experienced Oswego, IL divorce attorney, Loire Krajniak, can help you anticipate the road ahead. Attorney Krajniak is active in the community, is a licensed foster parent, and cares deeply about family integrity and planning for the future. If you are considering divorce, our firm is here to help you move forward with compassion and strategic planning. 

Here are the steps of divorce in Illinois. 

Step 1: Filing the Petition for Dissolution of Marriage

The first step in any Illinois divorce is filing a Petition for Dissolution of Marriage in the circuit court of the county where either spouse lives (750 ILCS 5/401). The spouse who files becomes the "petitioner," and the other becomes the "respondent." There is no waiting period before filing, but at least one spouse must be an Illinois resident for 90 days.

Filing can happen immediately after the decision to get a divorce. Once filed, the petition must be served to the other party, which typically takes one to two weeks, depending on how it is done.

Step 2: Response and Temporary Orders

After being served, the respondent has 30 days to file an appearance and respond. During this early period, either party can request temporary orders for child support, parenting time, spousal maintenance, or use of the home.

Expect a few weeks for temporary hearings to be scheduled. These orders remain in effect until the final judgment.

Step 3: Discovery and Financial Disclosures

Illinois law requires both spouses to fully disclose their finances (750 ILCS 5/501 and 750 ILCS 5/503). This stage, known as "discovery," involves exchanging information about income, expenses, assets, and debts. If there are disputes about ownership or valuation of marital property, you can expect appraisals or forensic accountants to be involved.

Discovery can take 60 to 180 days, longer in contested or high-asset cases. Uncooperative spouses or incomplete records often delay this step.

Step 4: Negotiation or Mediation

Most divorces settle without a trial. Spouses work to reach agreements on parenting time, property division, and financial support. If they cannot agree, the court may order mediation, especially in cases involving children (per local court rules and 750 ILCS 5/602.10).

Negotiation and mediation can take a few weeks to several months. Mediation may be scheduled early or later, depending on the court’s calendar and the parties’ readiness.

Step 5: Trial (If Necessary)
If no settlement is reached, the case proceeds to trial. Each party presents evidence and testimony, and the judge makes final decisions on all unresolved issues.

Trials are typically set months in advance. The duration depends on the complexity of the case, but may add three to six months to the timeline or more if the court docket is backlogged. Very few Illinois divorces move forward to the trial phase. 

Step 6: Final Judgment of Dissolution

Once all matters are resolved, either through settlement or trial, the judge enters a Judgment for Dissolution of Marriage. This legally ends the marriage and formalizes the terms.

For uncontested divorces where the parties agree on all terms, the entire process may take as little as two to three months. For contested divorces, especially those involving litigation over children or substantial assets, it can take 12 to 18 months or longer.

Is There a Mandatory Separation Period Before an Illinois Divorce Can Be Finalized?

Illinois no longer requires a mandatory separation period unless one party does not agree to the divorce. In that case, the law presumes the marriage is irretrievably broken if the spouses have lived "separate and apart" for at least six months (750 ILCS 5/401(a-5)).

Contact an Oswego, IL Divorce Attorney Today

Every divorce follows a basic legal timeline, but no two families are exactly alike. At Loire Krajniak Law, LLC, we represent clients throughout their divorce with a careful, tailored strategy. Whether you are preparing for an uncontested divorce or facing a high-conflict separation, we offer free consultations to help you take the first step. Call us at 630-448-2406 to speak with an experienced Kendall County, IL divorce attorney today.