Comparing Divorce Resolution Methods In Illinois
As a divorce attorney based in Schaumburg, I’ve helped clients throughout Illinois work through the legal and emotional challenges of ending a marriage. One of the most important decisions you’ll make early in the divorce process is how your case will be resolved. Not every divorce needs to be litigated in court. In fact, Illinois law offers several resolution methods designed to give couples more control over the outcome while keeping conflict and costs to a minimum.
Each divorce is different. Some cases involve complex child custody and parenting time issues, while others focus on dividing property, support, and debts. Whether you’re filing for divorce or responding to one, you have options. The method you choose can significantly affect how long your case lasts, how much it costs, and how emotionally difficult it becomes. I’ll walk you through the different divorce resolution methods in Illinois and what you should consider when deciding which one may work best for your situation.
Litigated Divorce In Illinois
Litigation is the traditional court-based process where both parties hire attorneys, file motions, and present their case before a judge. This method is often necessary when the parties cannot agree on key issues like parenting time, spousal support, or asset division.
Under 750 ILCS 5/401, a divorce in Illinois can be granted on the grounds of irreconcilable differences. That means neither spouse needs to prove wrongdoing. But even when the reason for the divorce isn’t contested, disagreements over child custody, visitation, or property can lead to litigation.
In a litigated divorce, the court controls the timeline and outcome. Judges follow Illinois statutes and case law to divide marital property under 750 ILCS 5/503 and determine parenting time and decision-making responsibility under 750 ILCS 5/602.5 and 5/602.7.
While litigation can be necessary, especially in high-conflict or abusive situations, it is typically the most expensive and time-consuming approach. It also gives a judge—not you—control over your family’s future.
Mediation As A Divorce Resolution Method
Mediation is a voluntary process where a neutral third party, called a mediator, helps both spouses communicate and reach agreements. The mediator does not take sides or make decisions. Instead, they guide discussions to help the couple resolve their issues.
In Illinois, courts often recommend or require mediation when parents cannot agree on parenting plans, per 750 ILCS 5/602.10(c). Mediation can also be used for financial matters like dividing marital property, allocating debts, and determining support.
Mediation allows couples to maintain more control, reduce costs, and keep matters private. If successful, the agreements reached in mediation are drafted into a marital settlement agreement or parenting plan and submitted to the court for approval.
Collaborative Divorce In Illinois
Collaborative divorce is another alternative that focuses on cooperation rather than confrontation. Both parties sign a participation agreement stating they will work together in good faith to resolve the divorce without court intervention. Each spouse is represented by a collaborative divorce attorney trained in this method.
The collaborative process often involves a team approach, including financial neutrals or mental health professionals to support negotiation. If the process breaks down, both attorneys must withdraw, and the parties must start over with new counsel in court.
This method is particularly useful for couples who want to preserve their relationship for co-parenting purposes and are committed to transparency and respectful resolution.
Uncontested Divorce In Illinois
If you and your spouse agree on all issues—including parenting time, child support, property division, and maintenance—you may qualify for an uncontested divorce. This is the fastest and least expensive way to divorce in Illinois.
Under 750 ILCS 5/452, spouses can file a joint petition for simplified dissolution if they meet certain criteria, including a marriage of less than eight years, no children, and limited assets or debts. For couples who don’t qualify for simplified dissolution but still agree on all issues, a traditional uncontested divorce can still be filed.
With an uncontested divorce, I prepare and submit all necessary paperwork, including the marital settlement agreement and parenting plan, if applicable. After a short court hearing, the judge will usually approve the terms and finalize the divorce.
Frequently Asked Questions About Divorce Resolution In Illinois
How Do I Know Which Divorce Method Is Right For Me?
That depends on your relationship with your spouse, your ability to communicate, and the complexity of your case. If you and your spouse are cooperative and agree on major issues, mediation or collaborative divorce may be ideal. If conflict is high or there are safety concerns, litigation may be the better path. I can help you evaluate your situation and decide which option gives you the best chance at a fair outcome.
Is Mediation Required In Illinois Divorces?
Mediation is required for disputes involving parental responsibilities or parenting time before a judge decides custody matters. Courts may also suggest mediation for financial issues, but it is not mandatory in every case. Voluntary mediation can still be a great choice if both parties are willing to participate.
Can I Change From Mediation To Litigation If It Doesn’t Work?
Yes. Mediation is not binding unless both parties agree to the terms. If you reach an impasse, you can move to litigation. Nothing discussed in mediation can be used as evidence in court, which allows both parties to negotiate openly.
What Happens If We Use Collaborative Divorce But Can’t Reach An Agreement?
If the collaborative process fails, you will have to hire new attorneys and start the divorce case in court. This can increase costs and delay resolution, so it’s important to enter the collaborative process only if both sides are truly committed to cooperation.
Is An Uncontested Divorce Always Faster Than Other Options?
Generally, yes. If all paperwork is in order and there are no disputes, an uncontested divorce can be finalized in just a few weeks. However, if one party changes their mind or disputes arise, the case can shift toward a contested process, which takes longer.
Will A Judge Approve Our Mediation Agreement Without Changes?
Usually, yes—if the agreement is fair and complies with Illinois law. The court’s role is to ensure that the agreement protects the interests of both spouses and, if applicable, the children. I will review and revise your agreement before submission to ensure it meets all legal requirements and court expectations.
Call The Law Office Of Fedor To Discuss Your Divorce Resolution Options
At the Law Office of Fedor, I work with individuals and families in Schaumburg and throughout Chicago to find the best possible path through divorce. Whether you’re considering mediation, collaborative divorce, or need to litigate a difficult case, I’ll stand by your side and guide you every step of the way.
Contact our Chicago divorce attorney at (847) 241-1299 for exceptional legal assistance and to schedule a consultation. We’ll talk about your goals, evaluate your options, and help you move forward with confidence.
