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How To Delay A Divorce In Illinois - Russell D. Knight · BSPE Legal Marketing Podcast

• 0:00
  How To Delay A Divorce In Illinois In a divorce, timing is everything, and knowing when to slow down can be just as powerful as knowing when to move forward.
• 0:09
  While most people want their divorce finalized as quickly as possible so they can end their obligations and start a new chapter, there are situations where a strategic delay genuinely benefits you, your children, or even your soon-to-be-ex-spouse.
• 0:22
  However, Illinois courts take a firm stance against unnecessary delays, repeatedly citing the principle that justice delayed is justice denied, as established in multiple Illinois appellate rulings.
• 0:34
  Courts in Illinois hold inherent authority to manage their own dockets, moving cases forward whether the parties agree with the pace or not, and they can sanction anyone who abuses procedural rules to drag a case out.
• 0:47
  When children are involved, Illinois Supreme Court Rule 922 requires that all parental responsibility proceedings be resolved within 18 months from the date of service, placing a hard deadline on child-related delays.
• 1:00
  Illinois Rule of Professional Conduct 3.2 actually requires that a lawyer make reasonable efforts to expedite litigation, meaning intentional and improper delay can put an attorney's professional standing at risk.
• 1:12
  That said, the same rules acknowledge that a lawyer may agree to a reasonable postponement when doing so will not prejudice the client's interests, leaving room for legitimate, strategic timing.
• 1:23
  One of the most straightforward ways to create a lawful delay is by using built-in filing deadlines, since every document filed in a divorce case gives the other party a reasonable period of time to respond.
• 1:34
  After the Petition for Dissolution of Marriage is served, the respondent has a full 30 days to file their appearance and answer, and waiting the entire 30 days before responding is not considered an unreasonable delay by Illinois courts.
• 1:46
  Deliberately avoiding service of process might seem like another option, but it creates a terrible first impression with the judge and is strongly inadvisable, especially since child support obligations toll from the date of filing, not the date of service.
• 2:01
  Throughout the divorce process, motions for temporary relief will be filed, and the court typically allows a set amount of time to reply, giving each party another window to strategically plan their response.
• 2:12
  Understanding these procedural timelines and how to use them within the bounds of Illinois law is the kind of nuanced guidance that an experienced attorney can provide from the very start of your case.
• 2:22
  Every divorce is different, and whether your goal is to slow the process for financial reasons, parenting considerations, or other legitimate concerns, a knowledgeable lawyer can help you navigate your options lawfully and effectively.
• 2:34
  Contact the Law Office of Russell D. Knight at 773, 334, 6311, located at 1165 N Clark St #700, Chicago, IL 60610, United States, to schedule a consultation and discuss the best strategy for your Illinois divorce.