Contested Divorce: When Spouses Cannot Agree

 Posted on April 30, 2026 in Divorce

If you and your spouse cannot agree on how to legally end your marriage, you are probably facing one of the most stressful periods of your life. The unfortunate truth is that contested divorces can be complicated, time-consuming and emotionally taxing. However, a big positive aspect is that when you have serious issues worth fighting over, and a skilled DuPage County divorce attorney in your corner, a contested divorce can produce the long-term results you need to get to a better place. 

If you are headed toward a contested divorce in 2026, understanding what the process actually consists of can help you make good decisions and reasonable compromises. Learn more about what makes a divorce contested, how these cases are typically resolved, and what happens when resolution is not possible outside of court. Then contact the Law Office of Vincent C. Machroli, P.C. at 708-449-7404. 

What Is the Difference Between a Contested and Uncontested Divorce?

Uncontested Divorce

An uncontested divorce is one where both spouses have reached a full agreement on every major issue before filing. These issues include:

• The division of marital property and debts; 

• The allocation of parental responsibilities (what used to be called child custody); 

• Parenting time schedules; 

• Child support; and, 

• Spousal maintenance.

When spouses agree on all of these things, the court's involvement in the case will be reduced. A good amount of additional paperwork needs to be produced, but eventually the judge reviews and approves the agreement, and the divorce is finalized.

Contested Divorce

A contested divorce is one where the spouses disagree on one or more of the above-stated issues and cannot resolve those disagreements on their own. It does not mean the entire divorce will be fought out in a courtroom. What it does mean is that the legal process will be more involved, more expensive, and will require the active participation of attorneys who know how to negotiate and, when necessary, litigate.

Under 750 ILCS 5/401, Illinois is a no-fault divorce state, meaning neither party needs to prove their spouse did anything wrong to get a divorce, the only legal ground used is irreconcilable differences. But the no-fault standard does not make a contested divorce simple. The legal battles in contested divorces are about the terms of the divorce, not why the divorce is happening. 

What is the Process in a Contested Divorce?

Contested divorces follow a structured legal process that will typically move through some or all of the following stages:

• Filing and service: One spouse files a petition for dissolution of marriage, the other spouse is either informally or formally served with it, and has 30 days to respond; 

• Discovery: Both sides exchange financial information, documents and other evidence relevant to the disputed issues; 

• Temporary orders: Either spouse can ask the court for temporary rulings on things like who stays in the marital home, how parenting time is divided during the case, and whether temporary support or maintenance will be paid;

• Negotiation and settlement attempts: Throughout the case, attorneys work to narrow the issues in dispute and reach agreements where possible;

• Mediation: Illinois courts routinely require parties in contested divorces to attempt mediation before proceeding to trial; and,

• Trial: If the case cannot be resolved, it goes before a judge (no divorce jury trials) who issues binding rulings on the remaining disputed issues.

Whether your divorce goes through every single one of these stages depends not only on the details of your case but also on the dynamic between you and your spouse. 

Can a Contested Divorce Be Resolved Without Going to Court?

Going to trial in a divorce case is expensive, time-consuming and unpredictable. When a judge makes the final decision in such a case, both spouses have given up control over the outcome. A judge who does not know your family will decide how your assets are divided, how much time you spend with your children, and whether spousal support will be paid. 

The good news is that the vast majority of contested divorces in Illinois are resolved before trial. There are two primary ways this happens:

Mediation

Mediation is a process in which a neutral third party helps both spouses work toward an agreement they can both live with. The mediator does not make decisions. He or she guides the conversations, helps identify areas of common ground, and assists the parties in finding workable solutions. Mediation is often faster and less expensive than litigation, and it gives both spouses far more say in the final outcome. Illinois courts can require mediation, particularly when parenting disputes are involved.

Collaborative Divorce

Collaborative divorce is another option for couples who want to avoid court entirely. In a collaborative process, both spouses and their attorneys commit in writing to resolving the divorce without litigation. Collaborative divorce is often used in cases where financial advisors, mental health professionals, and child specialists are needed to reach a mutual resolution. Collaborative divorce tends to work best when both spouses are willing to communicate honestly and are focused on the long-term wellbeing of their children.

When Is Going to Court Unavoidable in a Contested Divorce?

While avoiding court is almost always worth pursuing, there are situations where litigation is not just likely, but necessary.

For example, if one spouse is hiding assets, or refusing to comply with discovery, court intervention may be the only way to get accurate financial information. Likewise, if one spouse is engaging in bad-faith negotiations, or using delay tactics to drag out the process, litigation may be the only way to move the case forward.

If there are serious concerns about a child's safety or welfare, a judge may need to intervene quickly through emergency proceedings. A history of domestic abuse may also make out-of-court resolution unsafe or impractical for the victim spouse. 

Finally, if the parties are so far apart on one or more issues that no amount of mediation can bridge the gap, a trial becomes the only path to a final resolution of the case.

Call a DuPage County Family Law Attorney Today

If you think you may need to file for a contested divorce, do not wait to get legal help. This is not the kind of divorce you can or should handle on your own or with online divorce software. At the Law Office of Vincent C. Machroli, P.C., our Oak Park contested divorce lawyer brings over 38 years of experience to every case, and we are fully prepared to fight for you, whether your case settles or goes to trial. 

Call 708-449-7404 today to set up a no-charge consultation.