Can You Delay a Divorce in Illinois?

 Posted on June 14, 2023 in Divorce

Divorce proceedings in Illinois can be a challenging and daunting experience. Sometimes people need more time to think about their decisions and whether they want to try reconciling. In such cases, it is possible to temporarily postpone a divorce. This post will explain the legal process and conditions for delaying a divorce in Illinois.

Filing for Divorce in Illinois

To initiate a divorce, one spouse must file a petition for dissolution of marriage with the appropriate circuit court in the county where either spouse resides. The petition formally requests to terminate the marriage and outlines the desired outcomes regarding property division, child custody, support, and other relevant matters.

Legal Grounds for Delaying a Divorce

In Illinois, there are various legal reasons why a divorce may be postponed. According to the regulation, the period of reconciliation can take up to a year, although some judges may only permit six months. Even after the completion of discovery and temporary motions, the trial date for a divorce could be postponed for months, depending on the court’s case schedule.

A contested divorce can take anywhere from six months to two years to be completed. Several factors can contribute to the length of the divorce process, such as child-related matters, asset division, and the level of cooperation between the spouses. It is important to note that irreconcilable differences are the only grounds for divorce in Illinois.

What Are Some Legal Options Available to Speed up the Divorce Process?

There are various legal ways to expedite the divorce process. One approach is to negotiate and come to an agreement with the other party, as disagreements can prolong the process. Another way is to adequately prepare for the process, which may hasten it. The parties may also have their lawyers draft an agreement for them, and this agreement can be presented to the court after both parties agree upon it. This approach can minimize the need for court intervention and reduce delays

Contact an Illinois Divorce Lawyer

While divorce is a challenging journey, temporarily halting proceedings in Illinois can offer couples an opportunity to reassess their marriage or seek professional help. Understanding the legal process, the grounds for the delay, and the duration of such postponements is essential for those considering putting their divorce on hold. With the help of an Aurora family law attorney, you can navigate and understand the complexities more easily. Call The Law Office of Matthew M. Williams, P.C. at 630-409-8184 to get started.

Sources:

https://www.ilga.gov/legislation/ilcs/ilcs4.asp?DocName=075000050HPt%2E+V&ActID=2086&ChapterID=59&SeqStart=6100000&SeqEnd=8350000
https://www.ilga.gov/legislation/ilcs/ilcs4.asp?ActID=2086&ChapterID=59&SeqStart=3700000&SeqEnd=5200000