Divorce and Child Custody FAQ

The quickest you can expect to obtain your divorce is approximately three or four months. If your case is contested (that is, you and your spouse cannot come to agreement on all issues), it may take a year or more to finalize your divorce. These are rough estimates, though. Many factors can cause delays in finalizing your divorce, such as:• difficulty notifying your spouse about the divorce (for example, because the sheriff or private process server has difficulty delivering the summons and petition to your spouse)
• the vehemence of the spouses’ feelings and their inclination to settle
• whether or not your spouse has decided to take part in the case and fight over issues as to custody, support, division of property
• the court’s calendar, and the other attorney; an extremely busy or uncompromising opposing counsel can prolong your divorce. 

By far, the most common factor that prolongs divorce actions is the intensity of the parties’ feelings and the degree to which the parties want to fight. Try not to get your heart set on being divorced by a certain date because divorce can be unpredictable. Instead, focus on working with your attorney to make sure you are taking all the necessary steps.

Many couples that divorce in Illinois claim to have irreconcilable differences, which is the closest thing to a “no fault” divorce. To rely on this ground, the petitioner must tell the court that irreconcilable differences have caused the irretrievable breakdown of the marriage and that future efforts at reconciliation are impracticable and not in the best interest of the family.Ordinarily, the couple must have been separated for at least two years. However, if both spouses sign a waiver, they can file for divorce after only six months of living separately.

It is difficult to estimate the total cost of a divorce because of the many variables involved. If emotions escalate, the divorce process can become long, drawn out, and expensive. Going to trial is almost always more costly than settling your case.

Under Illinois law, specific guidelines set minimum child support percentages: 20% for one child, 28% for two children, 32% for three children, and so on. If a child has special needs, the court can enter specific support orders tailored to that child.

No. You must petition the court to have child support reduced, modified, or temporarily terminated. Child support does not stop automatically even if you lose your job.

To move out of Illinois with your children, you must request court approval unless your divorce judgment explicitly grants you the right to relocate. Proper petition and court permission are required if removal rights are not already included in the final decree.