Contested Divorce in Illinois

Dissolving a marriage in Cook, DuPage or Will County can be a complex and emotionally charged experience, especially when disagreements arise. The Illinois court system operates under a “no-fault” divorce law, meaning neither party needs to prove blame for the marriage’s breakdown. However, numerous issues require resolution, each with its own set of challenges.

Property Division:

Cook County courts follow an “equitable distribution” principle, dividing marital property and debts fairly, not necessarily equally. This often involves financial disclosures, appraisals, and negotiations regarding assets like the family home, vehicles, retirement accounts, and investments. Contested cases may require forensic accounting specialists to untangle finances and ensure a fair division. The case usually cannot be resolved until all of this financial disclosure and evaluation occurs.

Parenting Responsibility (Custody), Parenting time, and Support:

For couples with children, determining child custody and support arrangements is paramount. Cook County courts prioritize the “best interests of the child,” considering factors like each parent’s living situation, parenting history, and the child’s emotional well-being. Disagreements over visitation schedules, decision-making authority, and child support payments can be a major source of contention, requiring detailed parenting plans and potentially child custody evaluations.

Spousal Maintenance (Alimony):

In some cases, one spouse may require financial support from the other following the divorce. Spousal maintenance awards are based on factors such as the length of the marriage, disparity in income, and each spouse’s earning capacity. Cook County courts consider these factors to determine the duration and amount of support, if any.

The Litigation Process:

Contested divorces unfold in a series of stages:

Initial Filing: One spouse files a Petition for Dissolution of Marriage, outlining their desired outcomes.
Discovery: Both parties complete and exhance and Statewide Financial Affidavit form and other financial information through document requests, occasionally depositions (testimonies under oath), and interrogatories (written questions). This stage gathers evidence to support each spouse’s position.
Negotiation: Throughout the process, attorneys may attempt to reach a settlement agreement outside of court. Judges will also usually conduct a “Pretrial Conference” with the attorneys to discuss any unresolved issues and get the Judge’s recommendation on settlement.
Trial: If no agreement is reached, the case proceeds to trial in front of the same judge or some cases a new trial judge. Each side presents evidence and arguments according to all the rules of Illinois Civil Procedure, with the judge ultimately making decisions on all contested issues. Less than 5% of cases make it all way through a contested trial.

The Length and Cost of Litigation:

Cook County contested divorces can be lengthy, often taking months or even years to finalize, depending on the complexity of the case. Legal fees accumulate throughout the process, including attorney hourly rates, court costs, and expenses for expert witnesses or appraisers. We do our best to keep the costs of the case reasonable while also completing all the necessary for work for the case to be resolved in a manner favorable to client.

See the attached flowchart for a contested court case.