The Chronology of a Divorce Case

 Posted on May 23, 2026 in Divorce

As you are undoubtedly aware, divorce cases can drag on for months and even years, preventing the parties from moving on with their lives. But why does it take so long? The lifespan of a divorce begins even before either party files for dissolution of marriage under the Illinois Marriage and Dissolution of Marriage Act, and lasts until a full agreement has been reached. Many cases involve complex circumstances that take longer to sort out. 

At Davi Law Group, our DuPage County, IL family law attorneys are here to provide you with clear guidance from the beginning to the end of your case. 

What Are the Stages of an Illinois Divorce in 2026?

Every divorce has unique circumstances, but most follow a few basic stages you should consider.

Filing of a Petition for Dissolution of Marriage

Your case officially begins when your lawyer files a petition in court. Illinois is a no-fault divorce state. This means you do not have to prove that your spouse was responsible for the marriage breaking down. 

Instead, the petition will usually state that the marriage has broken down because of irreconcilable differences. This can make the divorce process simpler, especially if both spouses agree that the marriage is over. In Illinois, if spouses have lived separately and apart for at least six months, the court presumes that irreconcilable differences exist.

Notifying Your Spouse

Once the petition is filed, you can wait before telling your spouse, if it is to your advantage, but you cannot wait forever. An attorney can help you decide when the time is right to ask the sheriff to serve your spouse with divorce papers. Before you can move forward and bring the case in court, you must be able to prove that your spouse knows that a case has begun. If your spouse can’t be found, you have the option of service by publication in a newspaper. However, this is generally treated as a last resort.

Once your spouse has officially received notice that a divorce case has begun, they have 30 days to respond. Missing this deadline could result in a "default divorce," where the judge only hears out your side. An initial court date will be set with the judge, so that he or she can get an idea of how complex the case may be.

Discovery

Divorce cases allow time for each side to learn about one another’s positions, usually relating to assets held by each spouse. Each county may have different court rules that determine how long the discovery period may be, but judges frequently grant extensions at this phase, allowing divorces to drag on for much longer while each side builds a case against the other. 

Depositions, which are formal interviews, subpoenas for information from banks, employers, hotels, and requests for documents from the other side are all frequently part of the discovery process, and getting each additional piece of information adds time to the clock.

Status Calls and Case Management Conferences

Throughout your divorce, the judge who is overseeing your case will require your lawyers to provide him or her with updates. The judge will want one lawyer to come to court to see if progress has been made in settlement negotiations, how far discovery has progressed, and whether the divorce is not heavily impacting the children. Usually, these short status calls are scheduled monthly.

If settlement talks are dragging on, a judge may call for a case management conference to offer guidance on how the court might rule if the case were to reach the trial phase. This can also help the settlement talks progress.

Settlement

Negotiation on all aspects of a divorce case can take varying amounts of time, depending on how strongly each side feels about how their case should go. If you can come to a reasonable settlement agreement, make sure to give it careful consideration with the assistance of your lawyer.

A contested divorce does not always end in a trial. Many couples disagree at first, but still settle later. This may happen through direct talks between attorneys, mediation, or other settlement conferences. These options can give both spouses more control over the result. 

Trial

Most couples actively try to avoid taking a divorce case to trial because they can be even longer, more expensive, and emotionally taxing than settling outside of court.

During a divorce trial, the judge will make decisions about property division based on what is considered equitable under Illinois law. Equitable does not always mean a perfect 50/50 split. Instead, the court will look at many different factors to decide what is fair.

When Should You Revisit a Divorce Decree in Illinois?

A divorce decree is meant to be final. However, life can change after the divorce is over. In some cases, a person may need to ask the court to change or enforce part of the order.

Common reasons to revisit a divorce decree include:

• A major change in income

• Job loss or a new job

• A parent moving to a new location

• Changes in a child’s needs

• Failure to pay child support or spousal support

• Problems following the parenting schedule

• Hidden assets discovered after divorce

• One spouse refusing to follow the property division terms

Not every problem will justify a change. The court will usually look for a substantial change in circumstances. This means the issue must be important enough to affect the original order. Some parts of a decree, such as property division, are harder to change after the case is final.

If your old order no longer works, you should not ignore it. You may need to return to court and ask for a proper change. Until the judge changes the order, the original decree usually remains in effect.

Contact a Wheaton, IL Family Law Attorney

The divorce process is tricky, but having a dedicated DuPage County, IL divorce lawyer at your side to help clarify your options, advocate for your interests, and support you throughout it is invaluable. Contact Davi Law Group for a free consultation today.