One of the first things people ask when they decide to divorce is how long it will take. The answer depends on where you file, whether you and your spouse agree, and how complicated your finances and parenting issues are. Here is what to expect in Indiana and Illinois.
Indiana: a 60-day minimum
Indiana has a built-in waiting period. A final hearing in a divorce generally cannot happen until at least 60 days after the petition is filed, under Indiana Code 31-15-2-10. Before filing, at least one spouse generally must meet Indiana's residency requirement, typically six months in the state and a shorter period in the county, as Indiana county courts explain.
So even the simplest Indiana divorce takes at least two months from filing. Uncontested cases are often finished not long after the 60 days run, while contested cases can take many months.
Illinois: no waiting period, but a residency rule
Illinois doesn't have a set waiting period after filing, but a judge cannot enter the divorce until a spouse has lived in Illinois for at least 90 days, as Illinois Legal Aid Online explains. The only ground is irreconcilable differences, and living apart for at least six months creates a presumption that this requirement is met, under the Illinois Marriage and Dissolution of Marriage Act.
Uncontested vs. contested
The biggest factor in timing is agreement.
- Uncontested: you agree on property, debts, support and parenting. These cases can often be completed in a few months, subject to the waiting period.
- Contested: you disagree on one or more issues. These cases involve financial disclosures, negotiation, possible mediation and sometimes trial, and can take many months or longer.
What slows a divorce down
- Disputes over parenting time or decision-making for children
- Complex assets such as businesses, pensions or multiple properties
- Disagreement over the value of assets (see why you need to know what assets are worth)
- Incomplete financial disclosures
- Busy court calendars
What can speed it up
- Gathering financial records early: tax returns, pay stubs, account and retirement statements
- Focusing on the issues that matter most and being open to compromise
- Using mediation to resolve disagreements
- Working with an attorney who keeps the case organized and moving
Not ready to divorce?
A legal separation lets spouses live apart under court orders without ending the marriage. In Indiana, a separation decree lasts up to one year.
A typical divorce timeline
- Before filing: confirm residency, gather financial records, and talk with an attorney about goals.
- Filing and service: the petition is filed and your spouse is formally served or signs an appearance.
- Temporary orders: if needed, the court can set temporary support, parenting time and use of the home while the case is pending.
- Disclosure and negotiation: both sides exchange financial information and work toward agreement, often with mediation.
- Agreement or trial: an agreed settlement is submitted to the court, or unresolved issues are decided at trial.
- Decree: the judge enters the final judgment, and follow-up tasks such as dividing retirement accounts are completed.
Agreed cases move through these steps quickly; contested cases spend more time in disclosure, negotiation and trial preparation.
Common questions
Can I get divorced faster if we agree on everything?
Agreement speeds things up a lot, but Indiana's 60-day minimum and Illinois's residency rule still apply.
Does it matter which state I file in?
Yes. Residency rules decide where you can file, and the laws on property and support differ. If you and your spouse live in different states, get advice on the right court.
How long until the divorce is final after the hearing?
Generally, the divorce is final when the judge signs the decree, though related tasks such as dividing retirement accounts can take longer.
Learn more about our divorce services.
If you have questions about your situation, First Response Legal serves clients across Northwest Indiana and the Chicagoland area from our Hammond and Chicago offices. Schedule a consultation.
Sources
- Indiana Code 31-15-2-10: Final Hearing, Justia (Indiana Code)
- Dissolution of Marriage, Allen County, Indiana
- Divorce common questions (FAQ), Illinois Legal Aid Online
- 750 ILCS 5/402: Legal Separation, Illinois General Assembly
This article is for general information and is not legal advice.