Contested vs. Uncontested Divorce in Illinois: Which Is Right for You?
As an experienceddivorce attorney in Schaumburg, I often meet clients who are unsure of what kind of divorce they are facing. Many assume that all divorces are the same, but Illinois law recognizes two main types – contested and uncontested. The distinction between them determines how long the process takes, how much it costs, and how much control you have over the outcome. Understanding these differences helps you make informed decisions as you begin one of the most important legal processes of your life.
Understanding Divorce Under Illinois Law
In Illinois, divorce is officially called a “dissolution of marriage” under the Illinois Marriage and Dissolution of Marriage Act (IMDMA), 750 ILCS 5/101 et seq. This statute governs all divorce-related issues, including property division, spousal maintenance (alimony), and child-related matters. Illinois is a no-fault divorce state, meaning that neither spouse must prove wrongdoing, such as adultery or abuse. Instead, you only need to establish irreconcilable differences under 750 ILCS 5/401(a-5). This means that the marriage has broken down beyond repair and that reconciliation is not possible.
The no-fault rule applies equally to both contested and uncontested divorces. What separates them is whether both parties agree on the major issues involved in ending the marriage.
What Is An Uncontested Divorce In Illinois?
An uncontested divorce occurs when both spouses agree on every aspect of the divorce. This includes issues such as:
- Division of marital property and debts
- Child custody (known legally as allocation of parental responsibilities)
- Parenting time (formerly visitation)
- Child support and spousal maintenance
When both parties reach an agreement on these matters, the court’s role is limited to reviewing and approving the settlement to ensure it meets Illinois legal standards. According to 750 ILCS 5/502, written settlement agreements are enforceable if they are entered voluntarily and found to be fair by the judge.
Uncontested divorces generally move faster and are less expensive than contested ones. In most cases, the court can finalize an uncontested divorce in a single hearing, provided that the documents are correctly prepared and filed.
The Benefits Of An Uncontested Divorce
From my experience representing clients in Schaumburg and throughout Cook and DuPage Counties, uncontested divorces are often the least stressful option when both parties are cooperative. Some advantages include:
- Reduced Legal Fees – With fewer disputes to resolve, the attorney’s time — and your costs — are minimized.
- Faster Resolution – Once the marital settlement agreement is signed, the case can often be scheduled for a final hearing within weeks.
- Privacy – Since fewer hearings are required, less of your personal information is made public through court filings.
- Greater Control – You and your spouse decide the terms instead of leaving them up to a judge.
However, even in an uncontested case, it is important to have an attorney review the paperwork to ensure your rights are fully protected.
What Is A Contested Divorce In Illinois?
A contested divorce occurs when the spouses cannot agree on one or more major issues. These may include disagreements over parenting time, division of assets, or spousal support. When disputes arise, the court must hold hearings to determine a fair resolution.
Under 750 ILCS 5/403, either spouse may file a Petition for Dissolution of Marriage. Once served, the other spouse must respond within 30 days. Discovery follows, allowing both parties to gather financial information through requests for documents, interrogatories, and depositions.
If disputes remain unresolved, the case proceeds to trial, where a judge will decide all contested issues. The court’s decisions are binding and enforceable, though either party may appeal under certain circumstances.
Why Contested Divorces Take Longer
Contested divorces can take months or even years to conclude. The process involves multiple hearings, mandatory financial disclosures, mediation under 750 ILCS 5/602.10, and possibly evaluations in child custody disputes. Because each spouse’s attorney must prepare evidence, question witnesses, and argue motions, the legal fees are typically higher.
Still, some cases cannot be resolved amicably. When one spouse refuses to cooperate or there are complex issues like hidden assets or business ownership, litigation may be the only option to ensure a fair result.
Key Legal Issues Decided In A Contested Divorce
In Illinois, a judge in a contested case decides issues such as:
- Property Division – Under 750 ILCS 5/503, marital property is divided equitably, not necessarily equally. The court considers factors such as the duration of the marriage, contributions of each spouse, and future financial prospects.
- Maintenance (Alimony) – Spousal maintenance is determined under 750 ILCS 5/504, which provides guidelines for duration and amount based on income and marriage length.
- Child Custody – The court allocates parental responsibilities and parenting time under 750 ILCS 5/602.5 and 5/602.7, always focusing on the child’s best interests.
- Child Support – Calculated using state guidelines found in 750 ILCS 5/505, child support is based on both parents’ net incomes and the child’s needs.
When An Uncontested Divorce Turns Contested
Sometimes a case that begins amicably becomes contested when disagreements surface later in the process. For example, if one spouse fails to disclose assets or changes their position on parenting time, negotiations may break down. In such cases, I step in to enforce discovery, request temporary orders, and ensure compliance with Illinois law until the court issues a final judgment.
Even if your case starts uncontested, having a lawyer ensures that you are prepared if the situation changes.
How I Help Clients Through Either Type Of Divorce
Whether your case is contested or uncontested, my goal is to protect your legal rights and help you move forward with confidence. In uncontested cases, I make sure that your settlement agreement meets Illinois standards and that no details are overlooked. In contested cases, I build a thorough evidentiary record, negotiate aggressively, and present your position clearly before the court.
Every divorce has emotional and financial challenges, but you do not have to face them alone. With experienced representation, you can achieve a fair outcome and a stronger future.
Frequently Asked Questions About Illinois Divorce
What Is The Legal Waiting Period For A Divorce In Illinois?
Illinois law no longer requires a mandatory waiting period once the petition is filed if both spouses agree that the marriage has irretrievably broken down. However, if one spouse contests the divorce, 750 ILCS 5/401(a-5) presumes that irreconcilable differences exist after six months of living separately. This rule allows the court to finalize the divorce even without mutual consent once sufficient evidence shows the marriage cannot be repaired.
Can An Uncontested Divorce Still Require A Court Appearance?
Yes. Even in an uncontested divorce, Illinois judges must ensure that all agreements comply with the IMDMA. Typically, only one brief hearing is necessary, during which the judge confirms that both parties entered the agreement voluntarily and understand the terms. The process is usually straightforward and may take less than 30 minutes.
How Is Marital Property Different From Non-Marital Property?
Under 750 ILCS 5/503, marital property includes all assets and debts acquired during the marriage, regardless of who holds title. Non-marital property consists of assets acquired before marriage, inheritances, or gifts given specifically to one spouse. During divorce, only marital property is divided, but the line between marital and non-marital assets can sometimes be blurred — especially with commingled funds.
What If My Spouse Refuses To Sign Divorce Papers?
A spouse cannot stop the divorce by refusing to sign. Once properly served under 750 ILCS 5/410, the case will move forward even if the other spouse does not respond. If they fail to appear, the court can issue a default judgment, granting a divorce based on your evidence and proposed terms.
Do I Need An Attorney For An Uncontested Divorce?
While you are not legally required to hire a lawyer, professional representation helps ensure that your settlement is enforceable and complete. Judges frequently reject poorly drafted agreements that do not meet legal standards. An attorney ensures your financial disclosures, parenting plan, and property division comply with Illinois law and protect your long-term interests.
Can I Switch From A Contested To An Uncontested Divorce Midway
THROUGH THE PROCESS?
Yes, if you and your spouse eventually reach an agreement, the case can convert to an uncontested status. Once you submit a joint marital settlement agreement under 750 ILCS 5/502, the court can approve it and finalize the divorce without a trial. Doing so often saves time and reduces legal expenses.
How Long Does A Typical Divorce Take In Illinois?
An uncontested divorce may take as little as two to three months, depending on the county’s docket and paperwork accuracy. A contested case can extend from six months to several years, depending on disputes, discovery, and trial scheduling. Working with an experienced attorney helps ensure your case moves as efficiently as possible.
What If We Own A Business Together?
Business ownership can make divorce more complex. Under 750 ILCS 5/503(d), the court considers business valuation evidence, including income, goodwill, and future earning capacity. I often work with financial professionals to ensure that the valuation is accurate and that the division is fair.
Call The Law Office Of Fedor Kozlov Today
If you are considering filing for divorce or have been served with papers in Schaumburg or anywhere in the Chicago area, the Law Office of Fedor Kozlov can help you understand your rights and options. I offer experienced representation in both contested and uncontested divorces, ensuring that your interests are protected under Illinois law.
Contact our Schaumburg divorce lawyer at the Law Office of Fedor by calling (847) 241-1299 to schedule a consultation. The firm represents clients throughout Schaumburg, Cook County, DuPage County, and the greater Chicago region.
