Illinois Divorce Timeline: Petition to Judgment

If you're considering divorce in Illinois, understanding the Illinois divorce timeline can help you plan ahead and set realistic expectations. The duration of your case depends heavily on whether you and your spouse can agree on key issues. Here's a comprehensive breakdown of how long divorce takes in Illinois, from the initial petition to final judgment.

Uncontested Divorce Timeline: The Fastest Path (2-3 Months)

When both spouses agree on all issues—including property division, spousal maintenance, and parenting arrangements—an uncontested divorce is your quickest option. According to 750 ILCS 5/401, here's what to expect for the Illinois divorce timeline in uncontested cases:

• 90-day residency requirement: At least one spouse must have been an Illinois resident for 90 days before the court can enter a judgment. You can file before meeting this requirement, but the final judgment cannot be entered until day 90
• Service of papers: After filing with the Circuit Court, you must serve your spouse within 30 days
• Response time: Your spouse has 30 days to file a response or Entry of Appearance per Ill. S. Ct. R. 181(a)
• Prove-up hearing: Once all paperwork is in order, the court schedules a brief hearing (often remote under Rule 45) where you confirm the terms of your agreement
• Judgment entry: The court typically enters the final judgment within 45-60 days after the prove-up hearing

Special fast-track option: Illinois offers Joint Simplified Dissolution under 750 ILCS 5/452 for couples with no children, a marriage under 8 years, limited assets and income, and no real estate. In Cook County, these cases can sometimes be heard the same day they're filed, making it the absolute fastest Illinois divorce timeline available.

Contested Divorce Timeline: When You Can't Agree (9-18+ Months)

Contested divorces—where spouses disagree on property division, custody, or support—take significantly longer. The Illinois divorce timeline for contested cases typically spans 9 to 18 months, though complex cases can extend beyond two years. Understanding your options for resolving disputes can help you navigate this process. Key phases include:

• Filing and service (Months 0-1): File your petition for dissolution via eFileIL (mandatory statewide e-filing) and serve your spouse
• Initial case management (Months 1-2): Court schedules case management conferences to identify disputed issues
• Parenting plan deadline (Month 4): If children are involved, both parents must submit proposed parenting plans within 120 days after service per 750 ILCS 5/602.10
• Mandatory mediation (Months 2-6): Illinois requires mediation for contested parenting issues under Rule 905 (unless domestic violence or other impediments exist)
• Discovery phase (Months 3-9): Exchange financial documents, interrogatories, and conduct depositions under Illinois Supreme Court Rules 213-216
• Temporary orders (Throughout): Courts may issue temporary support, custody arrangements, and property protections under 750 ILCS 5/501
• Trial (Months 9-12): If settlement fails, expect to wait 6+ months for a trial date; trials are decided by a judge (no jury) per 750 ILCS 5/103
• Post-trial judgment (60-90 days after trial): Under 750 ILCS 5/413(a), the court must enter judgment within 60 days after closing proofs (or 90 days for good cause)

Lengthy contested cases can be daunting; a divorce planning platform keeps you focused on key tasks and financial goals throughout Illinois's process.

Key Illinois-Specific Deadlines That Impact Your Timeline

Understanding these critical deadlines helps you navigate the Illinois divorce timeline more effectively:

• 90-day residency requirement: Jurisdictional prerequisite—judgment cannot be entered before 90 days of Illinois residency (750 ILCS 5/401)
• 30-day service window: Complete service within 30 days of filing to keep your case on track
• 30-day response deadline: Respondent must file an answer or appearance within 30 days of service (Ill. S. Ct. R. 181)
• 120-day parenting plan deadline: Both parents must submit plans within 120 days if children are involved
• 60-day parenting education: Complete mandatory 4-hour parenting class within 60 days after initial case management conference per Rule 924 (Cook County's program is "Focus on Children")
• 60-day post-trial judgment: Courts must enter judgment within 60 days after trial concludes

Factors That Can Extend the Illinois Divorce Timeline

Several circumstances can add months—or even years—to your Illinois divorce timeline:

• High-asset property division: Business valuations, complex retirement accounts (requiring QILDROs under 40 ILCS 5/1-119), and multiple properties often require forensic accountants and appraisers
• Custody evaluations: Court-ordered parenting evaluations or guardian ad litem appointments can add 3-6 months to the timeline
• Discovery disputes: Fights over financial disclosure, interrogatories, or document production slow progress considerably
• Court docket congestion: Trial dates in busy counties like Cook may be scheduled 6-12 months out
• Parenting coordination: Illinois adopted Rule 909 in 2023 for parenting coordination programs, which can help resolve disputes but may extend timelines initially

Illinois No-Fault Requirements and the 6-Month Presumption

Illinois is a pure no-fault state—"irreconcilable differences" is the only ground for divorce under 750 ILCS 5/401. You don't need to prove fault, abuse, or wrongdoing. Importantly, if you and your spouse have lived "separate and apart" for 6 continuous months before filing, Illinois law creates an irrebuttable presumption that irreconcilable differences exist. This can streamline your case even if other issues remain contested.

Note that "separate and apart" doesn't require living in different homes—you can establish this while residing under the same roof, though proving it may require additional documentation.

Practical Tips to Keep Your Illinois Divorce Timeline on Track

• Use mandatory e-filing correctly: Illinois requires eFileIL for all civil cases (with limited good-cause exemptions). Familiarize yourself with the system to avoid filing rejections
• Meet the 120-day parenting plan deadline: Missing this deadline triggers an evidentiary hearing, adding significant time and expense
• Complete parenting education promptly: Don't wait until the 60-day deadline—complete it early to show the court you're engaged
• Respond to discovery requests on time: Late or incomplete responses invite sanctions under Rule 219 and delay your trial date
• Consider remote appearances: Rule 45 authorizes remote hearings for many proceedings, potentially saving travel time and accelerating your Illinois divorce timeline
• File for fee waivers if needed: Qualifying litigants can avoid upfront filing fees using statewide fee waiver forms

Frequently Asked Questions

Can I file for divorce before meeting the 90-day residency requirement? Yes, you can file your petition, but the court cannot enter a final judgment until at least one spouse has been an Illinois resident for 90 days. This means your Illinois divorce timeline starts ticking from the date residency is established, not the filing date.

What if my spouse doesn't respond within 30 days? You can file a Motion for Default using the standardized forms approved in March 2025. However, the court will still require you to prove grounds and may schedule a prove-up hearing.

How long do I have to appeal a divorce judgment in Illinois? You must file a Notice of Appeal within 30 days after entry of the final judgment or order disposing of your last timely post-judgment motion per Ill. S. Ct. R. 303(a).