Divorces do not always end with both spouses on the same page about key issues. If you and your spouse disagree about property, finances, children, or support, your divorce is considered contested. This usually means more court hearings, more evidence, and greater involvement from lawyers and judges. Contested divorces often take longer and can be emotionally and financially tough. Knowing what can make a contested divorce more complicated can help you get ready and make better choices for your future.
Illinois uses a no-fault divorce system. According to 750 ILCS 5/401, a marriage can end because of irreconcilable differences. Even if both spouses agree to divorce, disagreements about property, parental responsibilities, child support, or spousal maintenance can turn a simple case into a contested one.
A common reason for a contested divorce is disagreement over property and debt. Illinois follows equitable distribution under 750 ILCS 5/503, so marital property is divided fairly, not always equally.
People often disagree about the value of real estate, retirement accounts, business interests, investments, and personal property. Sometimes, one spouse claims certain assets are not part of the marriage, while the other thinks they should be included. Settling these issues may require financial records, appraisals, business valuations, and witness testimony.
Divorces involving children are often the most emotional and challenging. Illinois courts decide parental responsibilities and parenting time based on what is best for the child.
Parents may disagree about decision-making authority, school selection, healthcare decisions, parenting schedules, relocation requests, or other important issues. When parents cannot reach an agreement, the court may need to review extensive evidence before making a decision. These disputes frequently add significant complexity to a divorce case.
Spousal maintenance, also known as alimony, is another common source of conflict. Illinois courts decide on maintenance using 750 ILCS 5/504. They look at things like each spouse’s income, future earning ability, how long the marriage lasted, and the standard of living during the marriage.
Disagreements regarding whether maintenance should be awarded, how much should be paid, and how long payments should continue can lead to extensive litigation.
Some contested divorces get complicated when one spouse thinks the other is hiding assets or income. Being open about finances is very important during a divorce. If there are questions about bank accounts, business income, investments, or other assets, more investigation may be needed.
Discovery tools such as document requests, depositions, subpoenas, and financial analysis are often used to identify and value assets. These efforts can increase both the complexity and duration of a contested divorce.
Every contested divorce presents unique challenges. Success often depends on careful preparation, detailed financial analysis, persuasive advocacy, and a clear understanding of Illinois divorce law. While settlement is possible in many contested cases, being prepared for litigation is often necessary to protect your interests and achieve a fair result.
A contested divorce occurs when spouses disagree about one or more issues that must be resolved before the divorce can be finalized. These disagreements may involve property division, parental responsibilities, parenting time, child support, spousal maintenance, or other matters related to the marriage.
The timeline depends on the complexity of the case and the issues being disputed. Some contested divorces may be resolved within several months, while others can take significantly longer if substantial disagreements exist or extensive discovery is required.
Yes. Many contested divorces begin with substantial disagreements but eventually settle through negotiation, mediation, or court-facilitated discussions. Reaching agreements on disputed issues can simplify the case and reduce litigation costs.
If parents cannot reach an agreement, the court will make decisions based on the child’s best interests. Judges consider numerous factors, including the child’s needs, each parent’s involvement, and the ability of the parents to cooperate regarding child-related matters.
Illinois follows equitable distribution principles under 750 ILCS 5/503. The court seeks a fair division of marital property after considering relevant circumstances. Fair does not necessarily mean equal.
Discovery is the process through which each party gathers information and evidence. Discovery may include requests for documents, written questions, subpoenas, depositions, and financial disclosures. It is often used to obtain information regarding assets, debts, income, and other important issues.
Yes. Courts expect both parties to provide complete and accurate financial information. Attempts to conceal assets can create significant legal problems and may affect the court’s decisions regarding property division and other issues.
In many counties, mediation may be required for certain disputes involving children. Even when mediation is not mandatory, it is often used as a tool to help parties resolve disagreements without a trial.
Contested divorces require careful planning, strong advocacy, and a clear understanding of Illinois family law. At Gordon & Perlut, LLC, we help clients address complex disputes involving property division, parental responsibilities, parenting time, child support, and spousal maintenance. We work to protect our clients’ interests while pursuing practical solutions that support their long-term goals.
If you are facing a contested divorce in Illinois, contact our Chicago divorce attorneys at our Chicago office at 312-360-0250 or our Skokie office at 847-329-0101 to arrange a free consultation. Our law firm represents clients throughout the State of Illinois.
