When a divorce turns contested, the process becomes more formal and court driven. That shift can affect how long your case lasts, how much it costs and how much control you keep over the final outcome.
What makes a divorce contested
A divorce is labeled as contested when you and your spouse cannot agree on one or more terms of the divorce. In Illinois, the dispute is rarely about whether the divorce itself can happen.
Illinois is a no-fault divorce state. According to 750 ILCS 5/401, the only legal ground for divorce is the existence of irreconcilable differences, meaning the marriage has broken down and future reconciliation is not in the family’s best interest. Once a court finds those differences exist, a spouse generally cannot prevent the divorce from moving forward.
The disagreement instead centers on the terms of the divorce rather than the dissolution itself. Common disputed issues include:
- Property and debt division: How marital assets and liabilities are allocated.
- Child-related matters: Parenting time, decision-making authority and support.
- Spousal maintenance: Whether support applies and how long it should last.
Any unresolved issue can cause the case to proceed as contested.
How the contested divorce process works
A contested divorce follows a structured sequence.
One spouse files a petition for dissolution of marriage. The other spouse has 30 days to file a response and may submit a counter-petition outlining different requests.
Because contested cases often last many months, courts frequently enter temporary orders. These orders can address interim child support, maintenance, parenting schedules and exclusive possession of the marital home.
The case then enters discovery. Both spouses must disclose financial information under oath. Discovery can include written questions, document requests and depositions. Full disclosure is required.
If children are involved, courts often require mediation. Judges also hold pretrial conferences to narrow disputes and encourage settlement. Most cases resolve before trial.
If settlement fails, a judge decides the remaining issues at trial and enters a final judgment.
When legal guidance may help
A contested divorce involves procedural rules, financial disclosures and court deadlines that can be difficult to manage without experience. Consulting an attorney can help you understand how Illinois law applies to your situation and what to expect at each stage of the case.