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The length of a divorce really depends on how complicated and complex it is, as well as how far apart the parties are in reaching an agreement. If the parties are in agreement, I can get them divorced within a couple of weeks. If they aren’t in agreement, it depends on how insistent the other side is on not agreeing. People often say, “I want my case to be over; it’s been a year, and it’s not over,” and I have to explain that there are two ways to get a divorce finalized: go to trial or come to an agreement.
Many people don’t want to go to trial because it takes a lot of time and money. This often leaves us in a sort of “no man’s land,” where we’re trying to reach an agreement. That’s why you hear of cases dragging on for a year or more. That said, I always strive to keep my cases moving at a good pace. However, I cannot control what the other side does. There are different mechanisms we can use to get answers from the judge prior to going to a full trial, such as a pre-trial conference or a small hearing. These can sometimes help us overcome the sticking points so we can reach the finish line without going to trial.
For cases involving high-net-worth individuals, business owners, or those who aren’t just W-2 wage earners, I can usually predict a longer divorce process. This is because the discovery phase takes much longer to properly identify and account for all financial assets and liabilities. Properly disposing of these assets and debts in the divorce requires a thorough and detailed examination.
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Naperville, IL family law attorney Melissa Kuffel discusses how long it takes to get a divorce in Illinois. She explains that the duration of a divorce process varies depending on its complexity, the level of agreement between the parties, and the willingness to reach a resolution. If both parties are in agreement, a divorce can be finalized within a couple of weeks. However, if there is disagreement, the timeline depends on the level of resistance from the opposing side.
It’s important to understand that there are two primary ways to conclude a divorce: going to trial or reaching an agreement. Most individuals prefer to avoid going to trial due to the time and cost involved. As a result, the focus is on reaching an agreement, which can sometimes extend the process.
While I strive to keep cases moving forward efficiently, I cannot control the actions of the other party. However, there are mechanisms available, such as pre-trial conferences or small hearings, which can help obtain guidance from the judge and facilitate agreement on outstanding issues. These alternatives can help avoid a lengthy trial and expedite the resolution.
Certain factors can contribute to longer divorce proceedings, such as high net worth, business ownership, or complex financial situations. In such cases, a more extensive discovery process is necessary to properly assess and address all financial assets and liabilities involved in the divorce.
Ultimately, the goal is to handle the divorce process efficiently and ensure a proper and fair resolution for all parties involved.