Understanding Contested vs. Uncontested Divorce in Illinois

 Posted on July 16, 2025 in Divorce

Divorce can be an emotional and complex process. Whether you and your spouse can agree on key issues will determine whether your divorce is contested or uncontested. A Lombard, IL divorce attorney can help you understand your options and protect your rights during the complex elements of divorce.

What Is the Difference Between Contested and Uncontested Divorce in Illinois?

In Illinois, a divorce is uncontested if both spouses agree on all important matters. For example, if you are on the same page about how to divide property and handle debts, you are already in a better position than many couples. If you have a strong co-parent relationship, you will likely agree on the allocation of parental responsibilities, formerly known as custody.

A contested divorce, on the other hand, happens when spouses cannot reach an agreement on one or more issues. Even if you agree to get divorced, disagreements over finances, parenting time, or property division can mean your case is contested. This process often takes significantly longer and may require court hearings or even a trial.

Under 750 ILCS 5/401(a), Illinois allows no-fault divorce based on irreconcilable differences, meaning you do not have to prove wrongdoing, like adultery or cruelty. However, even with no-fault grounds, disputes over the terms of the divorce can make it contested.

When Do Divorces Become Contested in Illinois?

The potential reasons for contested divorce are infinite. Sometimes, spouses disagree about who should keep the family home or how retirement accounts should be divided. In other cases, arguments arise over child-related issues, such as who gets to make major decisions about things like education and religion. Parenting time, commonly called visitation, can be a point of contention for many couples as well.

Money is often another major factor. One spouse may feel entitled to more financial support, while the other might argue for paying less. Emotional issues, like resentment or mistrust, can also make it harder to negotiate a settlement. 

What Are the Benefits of an Uncontested Divorce in Illinois?

An uncontested divorce offers several advantages. The process is generally less stressful and quicker than a contested divorce. Couples who agree on the terms of their divorce avoid lengthy court battles, saving time and legal fees. You have more control over the outcome, rather than letting a judge decide.

Uncontested divorce is also more private. In a contested divorce, personal details may become part of the public record during court hearings. Settling matters privately keeps your sensitive information confidential.

If you share children, you will need to create a parenting plan, in accordance with 750 ILCS 5/602.10. Working together can shield your kids from conflict, and courts encourage cooperation, especially when it comes to creating a parenting plan. 

Should You Choose a Contested or Uncontested Divorce?

Deciding between a contested or uncontested divorce depends on your unique situation. Consider some key factors that can impact your choice. Do you and your spouse agree on major issues? How many assets do you have, and are any of them complex, like businesses? Do you agree on support issues, like child support or spousal maintenance, otherwise known as alimony? If you can communicate well and do not have any safety concerns, an uncontested divorce could work for you.

Speak With an Experienced Plainfield, IL Divorce Attorney Today

Divorce is never easy. Whether your case is contested or uncontested, a knowledgeable attorney can make a significant difference in how it turns out. Call 630-785-2400 to discuss your case with a knowledgeable Glendale Heights, IL divorce lawyer at The Law Offices of Robert F. Kramer, Ltd. today. We have over 40 years of experience helping our clients navigate family law issues.