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What is the average length of a divorce proceeding involving teen children in cook county, illiniois?

Chicago, IL |
Filed under: Divorce Divorce court

My husband filed for divorce in the Summer of 2010 and the proceedings are still going on. We are now in negotiation stage, but the case keeps getting continued for due to he is not cooperating with my answer to his divorce proposal. What can be done? My children in the marriage are now 15 and 17 years old....

Attorney Answers 4


  1. Cases vary far too much to provide an "average" length of time. It is not unusual for cases, especially in Cook County, to span several years. If you do not have an attorney, you need to retain one ASAP. From what you have said, it sounds like custody may be an issue. Your case is likely far more difficult than you realize. Being unrepresented, is a very bad idea.


  2. there is no average. the illinois supreme court says a custody judgment must be entered d18 months after the case is filed. in many cases, that does not happen.

    if you do not have a lawyer for a custody case with teenagers, you certainly need one.


  3. My experience is that cses tend to lag when parties try to reach settlement and avoid court. The attorneys show up on court and obtain endless continuances.

    A lot of cases settle just before trial.

    I have found the most effect and efficient practice to be to focus on preparing the case for trial and entertaiing settlement talks along the way. Doing that, most cases I've been involved iwth are concluded within 6 - 9 months. This is because the trial preparation work clarifies the issues in disupte and makes discussions simpler and more clear -- not muddier and more complex.

    It would help to have an understanding of what discovery efforts have been made (depositions, interrogatories, subpoenas, etc.) and what trial preparation work has been done -- mostly stipulations.

    Keep in mist that the custody issue (and visitiaton) should have been done by Christmas, 2011. Once that is off the table, what else is left to fight about?

    Follow the link below for an article on how a divorce case makes its way through the court system -- and for a Free Consultation.


  4. There is a requirement under the Supreme Court Rules in Illinois that a constested custody case; regardless of the age of the children, must be completed within 18 months from the filing of pleadings. It is not clear from your question if the custody of the children is at issue. If it is not, then the case can drag. If the custody is at issue and your husband is not replying to a settlement proposal, ask the Court to do what are called In Camera Interviews with these teenagers and then the Court can make a finding of what it deems in their best interests. Another possibility would be getting a custody recommendation from either a psychologist evaluator or a Guardian Ad Litem appointed by the Court to investigate the respective home environments and interview the children and the parents.

    This is a general answer and does not address the specifics of your individual case. To give the specific answer you need our firm needs you to come in for a consultation.

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