Contested vs. Uncontested Divorce in Illinois

 Posted on May 07, 2025 in Divorce

One of the first things most people want to know when they are thinking about getting divorced is how long the process will take and how much it will cost. People often wonder whether they can get an uncontested divorce and save themselves time and money by doing so. While uncontested divorce can be a great option, it is not available or realistic in every situation and understanding whether it is an option for you is the first step when deciding how to manage your own divorce.

The difference between contested and uncontested divorce is largely related to the cost and the length of the divorce process. Several factors can influence your choice between the two, including how well you and your spouse communicate, your willingness to compromise, and the extent of your asset portfolio. A Cook County, IL divorce attorney can help you understand the legal requirements of each type of evidence, ensuring you make an informed decision about which path to divorce is right for you.

What Is an Uncontested Divorce in Illinois?

When both spouses can compromise and agree on all the major elements of divorce, such as property division, allocation of parental responsibilities, and spousal support, they can file for an uncontested divorce. This type of divorce is often faster and less expensive, but having legal representation is still crucial for ensuring both parties’ rights are protected.

Why Are Divorces Sometimes Contested in Illinois?

A contested divorce in Illinois refers to a divorce involving circumstances where spouses cannot agree on the key components of their divorce. When couples cannot resolve disputes on their own, the court needs to intervene. The specific conflicts that make a divorce contested rather than uncontested can vary, but common areas where couples cannot agree include:

• Determining the allocation of parental responsibilities, formerly known as legal and physical custody

• Agreeing on spousal support (alimony), including whether one spouse should receive it and how much they should receive

• Reaching an equitable distribution of assets and debts

Because Illinois is an equitable distribution state, the court will determine how to divide marital assets in a way that is fair but not always equal. Decisions about allocating parental responsibilities are made based on what is in the child’s best interests. However, with both of these issues, disputing spouses in a contested divorce will present arguments to the court asking for their interpretation of what would be best. 

How Can a Lawyer Help You Understand the Illinois Divorce Process?

Hiring an experienced attorney is an advantage in every family law process, whether you have a highly contested divorce or an amicable legal separation. Your lawyer will help you understand your rights and explain the strategic options available in your case, presenting any benefits or disadvantages that may come with each. Attorneys also have negotiation skills, which can be a key factor in reaching a fast and fair divorce settlement even if a divorce is ultimately uncontested. 

Contact a Chicago, IL Divorce Attorney for a Free Consultation Today

A number of elements can complicate divorce proceedings, and having a Cook County, IL divorce lawyer whose focus is on helping you understand the legal issues related to your case is invaluable. At The Law Office of George J. Skuros, our goal is to ensure you have a realistic idea of the possible outcomes of your case and that your rights are protected throughout the process. Call 312-884-1222 to schedule a free consultation today