The more you and your spouse can agree on issues of your
case, the quicker your divorce will be over.
A number of other factors can play into how long it takes for you to get
divorced. In Kentucky, if there are
children involved, the case cannot be finalized for at least sixty (60) days after the Respondent spouse is served or
files a response to the petition for dissolution of marriage. In Illinois, if you opt for a “fault-based”
divorce, the case can be wrapped up fairly quickly but grounds for the divorce
(mental cruelty, infidelity, abuse, etc.) will have to be proven. If you want to go for Illinois’ “no fault”
irreconcilable differences option, you will have to wait two years unless both
parties sign a waiver of the two (2) year period after waiting six (6)
months. These timeframes also pretty
much assume you and your spouse have settled all outstanding issues.
If you and your spouse have not been successful at settling
all issues and you need to schedule a final hearing, the process can take much longer. At that point, you have to work with not only
the parties’ calendars, but also the busy schedules of the judge and the
attorneys involved. Add to that the
possible need to take depositions or subpoena records to prove your case and
you can start to understand why some cases can take longer than others. Although it is impossible to predict the
duration of any one particular case, it is fair to say that most contested
divorces will take at least six to nine months to resolve. The more contentious and complicated the
case, the longer it will take.
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