[IL] What is the timeline for an uncontested divorce with kids and are relationship restrictions enforceable in court?

IL Family Law

Liz

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Since you and your spouse are in agreement on all major issues, you can file for an uncontested divorce in Illinois. This typically makes the process quicker and less complicated.

The next step is to file your paperwork with the court. You'll need to submit your settlement agreement along with the divorce petition. Then with everything, it can take about 2–3 months usually to finalize.

In Illinois, you can include clauses like the one you mentioned in your divorce agreement, but their enforceability can vary. Usually, they will limit it so that children can eventually meet serious romantic partners.

So you could have an agreement that neither of you will have anyone around the kids until it's mutually agreed and you can both explain it to them.

The court often looks for fairness. So it being mutual and something you both will take the time to discuss with the children can often look better.

Illinois Marital Settlement (Divorce) Agreement

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If we mutually agree to a divorce, how long in the state of Illinois will it take for it to be completed?

Lexi, Chatbot

I understand that navigating a divorce can be challenging. Have you and your spouse already filed for divorce in Illinois?

No, we have not. I am drafting the paperwork now.

Lexi, Chatbot

Are there any children involved in this divorce that need to be considered?

Yes.

Liz

Hi there! Welcome. My name is Liz, and I’ve been an attorney for more than a decade, and I am here to assist with your legal concerns. Just so you are aware, our service is a legal information-only site. No attorney-client relationship is formed from our conversation.

So I can best help, have you drafted a settlement agreement?

I did draft it.

Liz

Great, having a draft is a good start. Since you mentioned there are children involved, are you and your spouse in agreement on child custody and support arrangements? This can impact the timeline and process.

Yes, we are in agreement.

There is a clause that I put in there that says she cannot bring, introduce, or even tell my children she is with someone else. She cannot bring another man into the house even when the kids aren’t there. Is that something that can be legally binding if she agrees with it?

I just do not want her bringing other men around and confusing the kids at the moment. They are still super young.

Liz

Since you and your spouse are in agreement on all major issues, you can file for an uncontested divorce in Illinois. This typically makes the process quicker and less complicated.

So you could have an agreement that neither of you will have anyone around the kids until it's mutually agreed and you can both explain it to them.

The court often looks for fairness. So it being mutual and something you both will take the time to discuss with the children can often look better.

Liz

Does that make sense?

Ok, that sounds better.

This is all very confusing to me. I want to make this amicable, but I’m just confused.

Another thing she wanted to include, but out of being prudent I didn’t, was that she wanted to continue to have sex and make it so that we cannot have sex with other partners until it is agreed upon that we cannot. I do not intend to move forward with anyone since I still love her. She wants to make it so we both get tested every month. I don’t know if that’s even possible. This is all strange.

Liz

It's completely understandable to feel confused and overwhelmed with all these details. Divorce agreements can include personal terms, but it's important to ensure that both parties are comfortable and agree to them.

Regarding the clause about intimacy and testing, if you are still being intimate, that can often complicate any divorce. It's also usually not something incorporated into a court document.

Ok, I get that.

Thank you for telling me.

I wasn’t trying to be odd or imprudent.

Liz

Oh no! I mean, you can technically include it, but with something like still being intimate, it can make the court question if you actually intend to be separate.

Liz

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