What’s the Difference Between a Contested and an Uncontested Divorce in Illinois?

When a marriage ends, one of the first legal questions spouses face is whether their divorce will be contested or uncontested. These terms describe how much — or how little — the spouses disagree on key issues such as finances, property, and parenting. The type of divorce you have will shape not only the time and cost involved, but also the overall stress and emotional toll of the process.

In an Uncontested Divorce, Both Spouses Agree on All the Major Issues

An uncontested divorce in Illinois means that both parties have reached an agreement on every significant matter before filing or early in the process. This includes:

Division of marital property and debts
Spousal maintenance (alimony)
Parenting responsibilities and parenting time
Child support

Because there are no disputes to resolve, uncontested divorces typically move quickly and efficiently through the Illinois court system. The couple usually submits a Marital Settlement Agreement (and when minor children are involved, an Allocation Judgment) for the judge’s review. Once approved, the judge issues the divorce decree without the need for a trial.

Uncontested divorces are generally less expensive and less stressful, allowing both parties to retain greater control over the outcome. Many couples find that mediation or collaborative divorce methods help them reach full agreement without litigation.

In a Contested Divorce, the Court Must Resolve Disagreements Between Spouses

A contested divorce occurs when the spouses cannot agree on one or more issues. Those unresolved matters must then be decided by a judge after reviewing evidence, hearing witness testimony, and considering legal arguments. Nonetheless, submitting a dispute to a judge for resolution is always the last resort.

It’s important to understand that a divorce doesn’t have to be fully contested to be considered contested — sometimes, only a few specific topics are in dispute. For example, spouses might agree on property division but disagree about child custody, or they may settle all parenting matters yet contest the amount of spousal maintenance.

When even one issue is contested, the case becomes more complex. Contested divorces often involve:

Formal discovery (exchanging financial documents and evidence)
Pre-trial conferences
Mediation or negotiation sessions
A final trial if no agreement can be reached

This process can extend for many months — sometimes longer than a year — depending on the number of issues in dispute and the court’s schedule. It also tends to increase legal fees and emotional strain for both parties.

Sometimes Only a Few Issues Are Contested — and That’s Okay

In many Illinois divorces, the situation falls somewhere in between. The spouses may agree on most things but remain divided on just one or two key issues. For example:

Both spouses agree to share parenting time equally, but they disagree about which school district the children should attend.
The couple has divided their property, but one spouse disputes the value of a retirement account or family business.
Everything else is settled, except for the duration of spousal support payments.

In these cases, the court’s involvement is limited to the specific points of contention. Once the judge makes a decision, the remainder of the divorce can be finalized by agreement. Even a partially contested divorce can often transition to an uncontested one after successful negotiation or mediation.

Negotiation Precedes Court Involvement

Even if you and your spouse initially disagree on many issues or only a single issue, there is time for negotiation before heading to court. Spouses can attempt to work out their differences with the aid of their respective legal teams and any other professionals involved in the matter. The process of gathering facts and law to support or defend a position often reveals the relative strength or weakness of issues in dispute. Most individuals will ultimately concede and avoid pursuing a factually or legally weak position in court. In some instances there may be penalties for attorneys or spouses pursuing an unreasonable legal position.

Why the Distinction Between Contested and Uncontested Divorce Matters

The difference between a contested and uncontested divorce affects nearly every aspect of the process:

Timeline: An uncontested divorce may be finalized in a matter of weeks, while a contested divorce can take several months or longer.
Cost: Disputes require attorney time, court appearances, and sometimes expert evaluations, all of which increase costs.
Control: In an uncontested divorce, you and your spouse make the decisions. In a contested divorce, the judge decides based on the law and evidence presented.
Stress and privacy: Contested cases are part of the public record and can feel more adversarial, whereas uncontested divorces often remain more private and cooperative.

Understanding which category your case fits into helps you set realistic expectations and choose the best approach for your situation.

The Bottom Line: Start With Cooperation, Even If Some Issues Are Contested

Many Illinois divorces start out contested but become uncontested as the spouses work through their disagreements with the help of attorneys, mediators, or financial professionals. Even if only a few issues are in dispute, approaching the process with a cooperative mindset can save time, money, and emotional energy.

Whether your divorce is contested or uncontested, it’s wise to seek legal guidance early. An experienced Illinois family law attorney can help protect your rights, clarify your options, and guide you toward a fair and efficient resolution.