For many spouses who are taking the step of filing for divorce, a finalized divorce decree cannot come soon enough. You may have been contemplating seeking a divorce for some time. You may have undertaken great efforts to hold together a marriage that is no longer viable. Often, by the time a person is prepared to file a formal petition for divorce, they are also prepared for the marriage to terminate at once. Unfortunately, rarely is divorce an instantaneous process. From the day your attorney files a divorce petition on your behalf, receiving a finalized divorce decree can take anywhere from several weeks to several years.
The timeline of your divorce depends on a multitude of factors, including the method of dispute resolution you and your spouse use, the nature and extent of marital assets, and whether you have a prenuptial or postnuptial agreement in place. Our attorneys may be able to give you a better approximation of how long your divorce might take when we know more about your unique situation.
Factors Affecting an Illinois Divorce Timeline
If you are seeking a divorce in DuPage County, a number of circumstances may have an impact on the amount of time it will take. Factors that could reduce or prolong the divorce timeline may include:
- Effectiveness of alternative dispute resolution – If you and your spouse elect to try mediation or attorney-facilitated negotiation, you may have the greatest chance of finalizing your divorce expediently. You and your spouse can generally receive a divorce decree almost as soon as you reach an agreement on each issue.
- Litigation – If you must litigate your divorce, the process is likely to be significantly delayed. Several months may pass between hearings. Large quantities of evidence will likely need to be meticulously gathered and presented to the court.
- Size and complexity of marital estate – Those with more substantial marital assets may spend more time determining who should keep what. If complex assets must be divided, appraised, or sold, the process could be delayed.
- Child custody disputes – If you and your spouse will ask the court to allocate parental responsibilities and parenting time, the court may bring in a guardian ad litem to conduct an investigation to determine the child’s best interests. This process may take time.
- Agreements – If you have a valid and enforceable prenuptial or postnuptial agreement governing any part of the divorce, it can expedite the process as fewer issues must be decided.
Divorce is not a simple process, and it often requires patience. Our attorneys will strive to secure you the best possible result as efficiently as possible.
Call a DuPage County Divorce Lawyer
Law Office of Martoccio & Martoccio is skilled in bringing expedient ends to unwanted marriages without compromising on the end result. Our experienced Hinsdale divorce attorneys will tolerate no unwarranted delays in your case. Call 630-920-8855 for a free consultation.