How Long Does a Divorce Take in Illinois? No Waiting Period, and the Six-Month Rule

Illinois has no waiting period between filing and the judgment. Nothing in the Illinois Marriage and Dissolution of Marriage Act makes you wait a set time after you file. The statewide self-help instructions say a divorce "may take between six months - two years," depending on how much the spouses agree and how busy the court is. "You are divorced when the judge signs the Judgment."

Timeline calculator

The rules that affect timing

90 days of residency

One spouse must have lived in Illinois, or been stationed here with the armed forces, for 90 days. The statute measures the 90 days back from the start of the case "or the making of the finding" (750 ILCS 5/401(a)), so a spouse who files just before reaching 90 days may still qualify by the time of the judgment.

Six months apart, if you need it

Illinois's only ground is irreconcilable differences. If the spouses have lived "separate and apart for a continuous period of not less than 6 months immediately preceding the entry of the judgment," the ground is presumed and can't be disputed (§ 401(a-5)). This affects only how the ground is proved; it isn't a waiting period, and you can file before the six months are up.

Service and response

The respondent must file an answer or appearance "within 30 days after service, exclusive of the day of service" (Supreme Court Rule 101(d)). If not, the petitioner can seek a default.

Children: plans, classes and mediation

• Each parent must file a proposed parenting plan within 120 days after service or the filing of a petition for allocation of parental responsibilities (750 ILCS 5/602.10).
• Both parents must finish an approved parenting education program no later than 60 days after the initial case management conference (Rule 924).
• Disputes over parenting time generally go to mediation first (Rule 905).

Contested cases

Contested cases add financial affidavits, discovery, and often expert valuations. A spouse claiming the other dissipated marital assets must give notice at least 60 days before trial (or 30 days after discovery closes, if later). After the trial, the judge must enter judgment within 60 days after the close of proofs, or within 90 days with a good-cause order (750 ILCS 5/413(a)).

When the divorce is final

Under § 413(a), a judgment of dissolution "is final when entered, subject to the right of appeal." A party who wants a new trial or other relief must file a post-judgment motion within 30 days (735 ILCS 5/2-1203), and a notice of appeal is due "within 30 days after the entry of the final judgment" (Rule 303).

Remarrying

Illinois has no waiting period to remarry after a divorce. Section 413(a) goes further: an appeal that doesn't challenge the dissolution itself doesn't delay finality, and "either of the parties may remarry pending appeal." Spouses in a joint simplified dissolution "cannot remarry until a judgment dissolving the marriage is entered" (§ 457).

Where these sections live

• 750 ILCS 5/401 — Residency and grounds
• 750 ILCS 5/413 — Judgment
• Ill. S. Ct. R. 101 — Summons and time to appear
• Ill. S. Ct. R. 303 — Appeals
• 735 ILCS 5/2-1203 — Post-judgment motions