Six Factors That Determine Duration of Divorce

 Posted on September 22, 2026 in Divorce

There really is no set timeline for an Illinois divorce. The Illinois Supreme Court has set goals for how quickly divorce cases should move through the courts. For example, it expects about 75 percent of divorce cases to be completed within nine months. Some amicable divorces, especially those with few disputed issues, are completed sooner. However, complicated divorce cases can take longer, especially those involving minor children, significant assets, or major disputes. There are good reasons to want to complete your divorce in a timely manner. A Naperville, IL divorce lawyer can take steps on your behalf to keep your case moving.

At Calabrese Associates, P.C., we can work with you one-on-one to figure out your divorce strategy, minimizing unnecessary detours and time spent in court. As a solo attorney with a focus on family law, Attorney Michael Calabrese has experience handling many types of divorce cases.

What Factors Influence the Length of a Divorce in 2026?

A drawn-out divorce will cost more in legal fees, and the process is emotionally taxing. There are several variables that will determine how long your divorce will take:

Location of Divorce

Court availability is a factor for all divorce cases, but some county courts are subject to more delays than others. How soon you can have a court hearing depends on the number of cases the court has and how efficient the court is with its cases.

Filing for Divorce

Your divorce may be delayed from the beginning if your spouse does not cooperate after being served the divorce papers. In some cases, a spouse may be difficult to track down. In others, a spouse may dispute issues such as property division, support, or parenting. These disagreements can require additional hearings and add time to the case.

Existing Agreements

Having a premarital or postmarital agreement can shorten the negotiation process. However, your attorney will need to review the agreement to determine whether it complies with divorce law. Even if an agreement addresses issues involving children, the court is not bound by those terms and must decide child-related matters under Illinois law and the child’s best interests.

Parenting Issues

Spouses often dispute the allocation of parental responsibilities and child support payments during divorce negotiations. This part of the divorce cannot be rushed for parents, as courts make sure parenting arrangements suit the child’s best interests. However, parents who are willing to work together on a parenting plan can save some time.

In cases where parenting time or decision-making responsibility is seriously contested, the court may bring in a guardian ad litem. This is a court-appointed attorney who investigates the facts of the case and makes recommendations based on the child’s best interests. As you might expect, a guardian ad litem investigation can add time to the divorce.

Value of Properties 

High-asset divorces can take longer to negotiate because there is more financially at stake in dividing property. You must assess the value of all of your assets, determine which ones are marital properties, and negotiate who will receive each asset.

Level of Conflict

A divorce moves quicker if the spouses can agree to a settlement without needing a court to decide. In a high-conflict divorce, the spouses may be unwilling to agree on basic issues during negotiations. It takes only one spouse who refuses to compromise to slow down negotiations.

Is There a Mandatory Waiting Period to Get Divorced in Illinois?

Illinois law does not set a fixed waiting period that every couple must serve before a judge can end a marriage. The state recognizes one reason for divorce, and that reason is irreconcilable differences. In plain terms, the marriage has broken down, and further attempts to repair it would not help the family.

Spouses who have lived separate and apart for at least six months in a row before the judgment receive the benefit of a legal presumption. Essentially, this means the court accepts that there are irreconcilable differences (750 ILCS 5/401). Couples who have not reached the six-month mark can still ask the court to move ahead.

Living separate and apart does not always mean two separate addresses. Some spouses share a home for financial reasons while leading separate lives, and a judge can consider those facts.

How Long Does a Divorce Trial Take?

The length of a divorce trial depends on how many issues the spouses still dispute. A trial over one narrow question, such as the value of a vehicle, may take only part of a single day. A trial involving parenting time, a family business, retirement accounts, and support can stretch across several days or longer. Court calendars also affect the timeline.

Judges handle many cases at once, so a trial is sometimes split into sessions spread over weeks or months. Witnesses, appraisers, and financial experts each add time to the schedule. Many Illinois divorces never reach trial at all. Spouses often settle some or all of their disputes along the way, which shortens the process and lowers the cost.

Is Mediation Worth Exploring as a Way to Save Time in a Divorce?

Mediation places divorcing spouses in a room with a neutral third person who helps them work toward an agreement. The mediator does not act as a judge and does not decide the outcome of the case. The role is to keep the discussion productive and to help both sides find common ground. Illinois courts generally require mediation when parents cannot agree on a parenting plan, unless there is a reason mediation would not be appropriate.

Sessions can often be scheduled far sooner than a trial date, and the spouses control the pace of the talks. Mediation also tends to cost less than a contested hearing. The process does not fit every family. Cases involving abuse, hidden assets, or a spouse who refuses to share financial records may need a judge instead. Spouses who handle even part of their case in mediation can narrow the list of questions left for the court.

Contact Our DuPage County, IL Divorce Lawyer

While it is understandable to want your divorce finished quickly, moving too fast can lead to poor decisions about property, support, or parenting. Our Naperville, IL family law attorney at Calabrese Associates, P.C. can help you create a favorable divorce agreement without unnecessary delays. To schedule a consultation, call 630-393-3111.