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Divorce is rarely easy, but some divorces move forward with cooperation while others turn into prolonged, contested litigation. In Illinois, contested divorces often arise when spouses cannot agree on major issues such as property division, child custody, spousal support, or debt allocation. While uncontested divorces can be resolved through negotiation or mediation, contested cases frequently require court hearings and, in some instances, a trial.
As Illinois divorce attorneys, we understand that the path your case takes depends on the complexity of the issues and the willingness of both spouses to compromise. Illinois law provides a framework for resolving disputes, but the more contentious the disagreements, the more likely your case will require litigation. Recognizing the early signs can help you prepare and protect your interests.
In Illinois, it is no longer necessary to prove “grounds” that would allow the Court to grant your request for a divorce. Illinois is now a no-fault state. Divorces proceed on “no-fault” grounds, meaning the marriage has suffered an irretrievable breakdown. This is defined in 750 ILCS 5/401(a):
“The court shall enter a judgment of dissolution of marriage when the court finds that irreconcilable differences have caused the irretrievable breakdown of the marriage and efforts at reconciliation have failed or future attempts would be impracticable and not in the best interests of the family.”
However, many people often presume that you still need “grounds” for the court to grant a divorce. This often leads one party to allege grounds that they think will help them “win their case,” such as mental cruelty or substance abuse. These are still significant allegations that Courts cannot just ignore, and as such, this can lead to additional litigation and evidence requirements, which can derail a reasonable divorce and change it into a highly contested dispute.
Illinois follows the principle of equitable distribution under 750 ILCS 5/503(d), meaning marital property is divided fairly, but not necessarily equally.
“The court shall divide the marital property without regard to marital misconduct in just proportions considering all relevant factors, including each party’s contribution to the acquisition, dissipation, or increase in value of marital or non-marital property, and the economic circumstances of each spouse.”
If spouses disagree about what constitutes marital versus non-marital property, or if there are allegations of hidden assets, litigation may be unavoidable.
Child-related disputes are among the most emotionally charged aspects of a contested divorce. Under 750 ILCS 5/602.7, Illinois law prioritizes the child’s best interests when determining parenting time. Factors include the wishes of each parent, the child’s adjustment to home and school, and the willingness of each parent to foster a relationship with the other parent.
When parents cannot agree on parenting schedules or decision-making responsibilities, the court may appoint a guardian ad litem, require mediation, and ultimately issue orders after a contested hearing.
Arguments and disputes over parenting time and decision-making authority can quickly add to the level of litigation quickly.
Spousal maintenance, or alimony, is governed by 750 ILCS 5/504, which allows the court to award maintenance based on factors such as the length of the marriage, the income and needs of each spouse, and contributions to the other spouse’s career.
“The court may grant a maintenance award in amounts and for periods of time as the court deems just, without regard to marital misconduct, after consideration of all relevant factors.”
If one spouse disputes the need for maintenance or the amount, this can significantly prolong the divorce process.
You may be heading toward litigation if:
Preparing for a contested case is critical to protecting your legal and financial interests, which is why it’s important to retain attorneys who can quickly identify these potential problem areas early on in the case. The longer these issues simmer without real resolution, can add significant the time and costs before your divorce is finally resolved.
A contested divorce occurs when spouses cannot agree on one or more major issues, such as property division, custody, or spousal maintenance. The court must resolve the disputes through hearings or trial, applying Illinois divorce statutes like 750 ILCS 5/503 for property division and 750 ILCS 5/602.7 for parenting time.
The timeline varies depending on complexity and court scheduling. Some cases resolve in a few months, while others take a year or more. Litigation adds time due to discovery, motions, and trial preparation. Often times documents from 3rd party’s like banks, have to be subpoenaed which can add even more time to the process.
Not necessarily. Many contested cases settle before trial through negotiation, mediation, or court-ordered settlement conferences. However, if the settlement fails, the court will issue a final ruling after trial. Often, the best way to guard against having to go to trial is to prepare as if trial is unavoidable and let the other side know you are prepared to try the case if need be.
The judge’s decision will always be based on the child’s best interests under 750 ILCS 5/602.7. If the evidence shows that shared parenting is appropriate, the court can order it even if one parent disagrees.
Illinois courts take asset concealment seriously. Under 750 ILCS 5/503, the court can award a larger share of the marital estate to the innocent spouse or impose other penalties if one spouse is found to have dissipated or hidden assets.
Costs vary widely depending on the level of dispute, attorney fees, expert witnesses, and court costs. Litigation generally costs more than uncontested cases due to the need for extensive preparation and court appearances.
In many counties, mediation is required for child-related disputes before trial. Financial issues may also be mediated, but this varies by jurisdiction. Even if the parties come to an agreement on all issues in mediation, a divorce still needs to be filed and ruled on by the Judge. Mediation just helps the speed up the overall process by narrowing issue sin dispute,
At SBK Law Group, we understand the emotional and financial strain of a contested divorce. Our attorneys are committed to protecting your rights, securing a fair outcome, and guiding you through the Illinois court process with strategic, results-driven advocacy.
If you believe your divorce may be heading toward litigation, don’t wait until disputes escalate further. Contact the Downers Grove divorce lawyers at SBK Law Group today at 630-427-4407 to schedule your consultation.. We represent clients in Downers Grove and throughout the Chicago area from our office locations in Downers Grove, Illinois.
