Should You Get a Contested or Uncontested Divorce in Illinois? 

 Posted on March 27, 2025 in Divorce / Family Law

When considering divorce, it is essential to understand the differences between contested and uncontested divorces. A contested divorce happens when spouses cannot agree on significant issues, such as child support and custody, asset division, or alimony.

On the other hand, an uncontested (or amicable) divorce means that the parties have generally agreed on all divorce issues, potentially allowing for an expedited, less costly divorce. A seasoned Illinois family law attorney at Loire Krajniak Law, LLC can help with a contested or uncontested divorce. Contact our family law office today for a complimentary consultation.

Why Are Some Divorces Contested? 

Some Illinois divorces are contested because of intense disagreements about finances, asset division, child custody, or child support. Couples may disagree on who will keep the home, the percentage of retirement accounts one spouse will keep, or the amount of alimony payments. Others may quarrel over who gets the most parenting time with the children or who will make education and religious decisions for the kids.

In other cases, there may be mutual agreement about divorce terms. An uncontested divorce is often the best solution to ending a marriage for couples who want to go their separate ways but who still work together and treat each other with respect. Whether that can happen depends on the specific dynamics between the spouses.

When Is an Uncontested Divorce Possible? 

In an uncontested divorce in Illinois, the spouses both agree on significant terms, making the legal process more straightforward and less conflicted. In Illinois, an uncontested divorce can occur if: 

• The spouses agree on a no-fault divorce, meaning irreconcilable differences led to the breakup.

• The spouses agree on asset and debt division, child support, parenting time, and alimony.

An uncontested divorce is helpful for many divorcing couples because the legal fees are lower. A short divorce process means fewer billable attorney hours and reduced court costs. The legal process is streamlined and sometimes can be finalized in a few months.

One party must be an Illinois resident for at least 90 days before filing for divorce, regardless of whether the divorce is contested or uncontested. Filing the divorce petition in court begins the divorce process.

Contested or Uncontested Divorce? 

Deciding between a contested vs. an uncontested divorce hinges on your relationship with your spouse and understanding the details of both options. Factors to review when considering a contested or uncontested divorce include: 

• Case complexity: Do you disagree with your spouse about major divorce issues? Or are you mostly in complete agreement on asset division, alimony, etc? 

• Timeframe: Do you want a faster divorce, or are you okay with a more protracted process? 

• Cost: Is it worth keeping divorce costs minimal, and compromise in an uncontested divorce, or do you want to spend more to get better divorce terms? 

Contact a Kendall County, IL Uncontested Divorce Attorney Now 

We understand how difficult divorce can be and are here to assist you with any legal issues you have. At Loire Krajniak Law, LLC, our Oswego, IL divorce lawyer can help you decide between a contested or uncontested divorce. If you have questions about filing for divorce, call 630-448-2406 today for a free consultation.