Why is My Divorce Taking So Long?

 Posted on December 15, 2023 in Divorce

You might wish marriage was something you could rip off like a bandaid. You may be ready for your divorce to be over with as soon as you have decided to file. While many wish that divorce was something they could get through in a few weeks, it normally takes a lot longer than that. How long your divorce could take depends on so many different factors, like the size and complexity of your marital estate and whether you have a prenuptial agreement. If you are asking the court to make decisions, you are likely to experience a lot more delays than a couple going through mediation might encounter. A quick look at the Illinois state statute listing all the different factors a court must hear evidence about and consider just to rule on one single issue - here, spousal support - should illustrate why contested divorce can take so long. Having a well-qualified Batavia, IL, divorce lawyer is of the utmost importance. 

Reasons Your Divorce Might be Moving Slowly

There are a lot of reasons your divorce might be taking longer than you thought it would, or there might be an unusual amount of time passing between court dates. Some reasons your divorce is taking as long as it is could include:

• It is the holidays - To the frustration of many, less than usual happens in the courthouse during the winter holidays. 
• You are contesting multiple issues - The court needs a lot of information to decide each issue. The more issues the court is in charge of, the longer it will take. If a judge is deciding a complex and nuanced issue like child custody, you can expect a delay of at least a few months while a guardian ad litem investigates and reports back to the court. 
• You have complex issues - More complicated issues can take longer, whether you contest them or use mediation. Dividing a complex asset like an investment portfolio can create delays. 
• An outside professional is needed - If you must wait for a business valuator, private investigator, forensic accountant, real estate assessor, or other professionals, your divorce cannot proceed until one becomes available and completes their work. 
• Your spouse will not cooperate - While you can get divorced with or without your spouse’s cooperation, having to drag your spouse kicking and screaming out of the marriage can slow the process down.

Additionally, you may have started the process without a realistic expectation for how long it would take. Divorce can take anywhere from a few months for two cooperative parties to several years for a high-asset contested divorce with children. 

Contact a Kane County, IL, Divorce Attorney

Van Larson Law, P.C., will make an effort to move your divorce along as quickly as is prudent. Van A. Larson, an experienced Batavia, IL, divorce lawyer, will strive to avoid unreasonable or malicious delays. Contact his law office at 630-879-9090 for a complimentary consultation.