Can You Delay a Divorce in Illinois?

 Posted on July 21, 2026 in Divorce

Divorce proceedings in Illinois can be a daunting experience. Sometimes people need more time to think about their decisions and whether they want to try reconciling. In such cases, people might wonder whether it’s possible to temporarily postpone a divorce. Although there are many reasons a divorce could take longer than usual, beyond the six-month waiting period, there are no official reasons a divorce can be delayed on purpose. 

If you are considering filing for divorce in 2026, or if you have already received divorce papers, our Aurora divorce attorneys can help. 

Filing for Divorce in Illinois

To initiate a divorce, one spouse must file a petition for dissolution of marriage with the appropriate circuit court in the county where either spouse resides. The petition formally requests to terminate the marriage and outlines the desired outcomes regarding property division, child custody, support, and other relevant matters.

Legal Ways a Divorce Could Be Delayed

One spouse cannot prevent an Illinois divorce forever simply by refusing to agree. However, disagreement between spouses can delay the case, especially when they don’t agree about whether the marriage has broken down or can’t resolve major financial and parenting issues.

Disagreement About Irreconcilable Differences

Illinois is a no-fault divorce state. A spouse does not need to prove adultery, cruelty or another form of misconduct to end the marriage. Under 750 ILCS 5/401, the court may grant a divorce when irreconcilable differences have caused the irretrievable breakdown of the marriage and attempts at reconciliation have failed or would not serve the family’s best interests. Put plainly, this means the spouses have problems they can’t fix even though they’ve tried. To keep trying wouldn’t be good for the family. 

When spouses have lived "separate and apart" for at least six months, Illinois law presumes that irreconcilable differences exist. The spouses do not necessarily need to live in different homes. They may sometimes be considered separate and apart while under the same roof if they have stopped living as a married couple.

The six-month period is not always a mandatory waiting period. When both spouses agree that the marriage is over, the court may grant the divorce without requiring them to prove six months of separation. When one spouse contests the divorce, however, the six-month separation period is usually necessary.

Property and Financial Issues

A judge generally cannot finalize a divorce until the couple reaches an agreement on the major aspects of divorce. These include:

• Marital property and debts

• Deciding whether either spouse will be paid alimony

• Child support

• Parental responsibilities and parenting time

Even when both spouses agree to end the marriage, disagreements about these subjects can keep the divorce going on for a long time. Divorce cases involving complicated or valuable assets can take many months and even years to wrap up. 

When spouses genuinely can’t agree about what to do with child custody, property division, or any other part of the divorce, the court can step in to make those decisions for them. However, the court has the authority to send spouses to mediation and will usually try to avoid a trial if possible. 

Delays During the Discovery Process

Discovery allows each spouse to get the information needed to make decisions about property, support payments, and other issues. Discovery can take time in a complicated divorce. Delays become especially serious when one spouse:

• Provides incomplete financial records

• Ignores deadlines

• Claims documents do not exist

• Fails to disclose accounts or property

• Transfers money between accounts

• Forces the other spouse to seek court orders compelling cooperation

A spouse who refuses to cooperate can’t delay the divorce forever. Still, getting all the necessary records and scheduling hearings before a judge takes time. 

Court Scheduling and Trial Availability

The court’s schedule can also affect how quickly a divorce is finalized. Hearings must fit into the judge’s calendar, and contested trials may require several consecutive hours or days.

An uncontested divorce can usually move much faster because the spouses submit an agreed resolution rather than asking the judge to decide every issue. Even then, the spouses must fill out and exchange the required documents and schedule an available court date.

Attempts to Reach a Settlement

Settlement negotiations can extend the divorce process. However, the additional time may be worthwhile when it allows the spouses to avoid a trial.

The spouses may negotiate directly through their attorneys or through mediation. Settlement discussions should not become an excuse for endless delay. When one spouse refuses to negotiate seriously or changes previously accepted terms, the other spouse may need to request a firm trial date.

What Are Some Legal Options to Speed up the Divorce Process?

The best way to move a divorce forward is to reduce the number of issues the court must decide. Spouses who can agree on the important issues in their divorce can submit a settlement proposal at the time they file. They can present the agreements to the court for approval rather than waiting for a contested trial.

Careful preparation also helps prevent avoidable delays. Each spouse should provide complete financial records and respond to discovery on time. When the other spouse refuses to cooperate, an attorney may ask the court to set firm deadlines, force discovery, or schedule the case for trial so one party can’t delay the divorce.

Contact an North Aurora, Illinois Divorce Lawyer

While divorce is challenging, a spouse who doesn’t want to get divorced can’t postpone a divorce forever. With the help of an experienced Aurora family law attorney, you can get through your divorce more easily and fight for a fair settlement. Call The Law Office of Matthew M. Williams, P.C. at 630-409-8184 to get started.