Five Key Differences Between Contested and Uncontested Divorces 

 Posted on May 19, 2026 in Divorce

It is normal to have many questions about the process when going through a divorce. There are two main types of divorces, and they differ in a few ways. An uncontested divorce refers to a divorce process that is amicable and communicative. A contested divorce, on the other hand, involves partners who are in disagreement over one or more divorce issues. 

Depending on the level of conflict in your case, you may run into more hurdles before the divorce can be finalized. Whether you expect an uncontested or contested divorce, consider working with the Naperville, IL family law attorney at the Law Office of Ronald L. Hendrix, P.C.. We have decades of legal experience, with a long history of supporting clients in delicate family matters.

Five Differences Between Contested and Uncontested Divorces in Illinois

No two divorces are exactly the same. However, there are several common differences between one that is contested and one that isn’t.

Communication 

The main difference between a contested and an uncontested divorce is the degree of productive communication between spouses during the process. During an uncontested divorce, both partners can express their desires for a divorce outcome and can agree on virtually every aspect of a divorce decree. For example, during an uncontested divorce, both spouses will decide on how property will be divided, who will retain permanent residence in the family home, and how child custody will be divided between parents. However, communication may be more difficult in an uncontested divorce. Sometimes, spouses only communicate through their respective attorneys. 

Control

In an uncontested divorce, spouses can easily communicate and agree upon an outcome that works best for both parties. However, the outcome of a contested divorce may ultimately be determined by the courts. Spouses have less influence over the result when a judge finalizes the elements of their divorce agreement.

Duration of Divorce Process

Contested divorces typically take longer to complete than uncontested divorces. When couples can agree upon all the elements of a divorce decree, the process of marriage dissolution is usually fast. However, the process is drawn out when both partners struggle to communicate, agree, and come to a mutual decision. Divorces are often moved to litigation, extending the time it takes to complete a divorce.

Cost 

As mentioned above, contested divorces can be much more time-consuming than uncontested, collaborative divorces. The extended time spent on the divorce process can add up, leading to more lawyer fees and related costs.

Relationship Preservation 

Lastly, another notable difference between contested and uncontested divorces is how well the familial relationships are preserved after a divorce. Often, families that undergo a contested divorce are less likely to maintain amicable relationships after the divorce process is complete.

Do You Have To Go to Court for an Uncontested Divorce in Illinois?

If you and your spouse agree on every major issue, most of the work can often be handled outside of court. This may include preparing the petition, financial paperwork, parenting plan, marital settlement agreement, and other required forms. You may be able to exchange documents, negotiate terms, and sign agreements without having a long court fight.

However, an uncontested divorce in Illinois still has to be finalized by a court. A judge must review the agreement and enter the final judgment of dissolution of marriage. In many counties, this final step is called a prove-up hearing. At that hearing, one or both spouses may answer basic questions. The judge may ask about residency, the reason for the divorce, whether the agreement was signed freely, and whether both spouses understand the terms.

This hearing is usually brief when all paperwork is complete, and the agreement is fair. It is not the same as a trial. You normally do not need to bring witnesses or argue over evidence. Still, mistakes in the paperwork can delay the divorce. If the spouses have children, the judge may also review parenting time, decision-making responsibilities, and child support to make sure the terms follow Illinois law and serve the children’s best interests.

What Are the Grounds for Divorce in 2026?

Illinois is a no-fault divorce state. The only legal basis for divorce is irreconcilable differences. This means the marriage has broken down, efforts to fix it have failed, or future efforts would not be practical or in the family’s best interests (750 ILCS 5/401).

You do not need to prove that your spouse cheated, abused drugs, abandoned you, or caused the marriage to fail. This can make the process less bitter, especially when both sides want to move forward.

If spouses have lived separate and apart for at least six months before the divorce judgment is entered, Illinois law creates a strong presumption that irreconcilable differences exist. Living "separate and apart" does not always mean living in different homes. In some cases, spouses may be separated even while staying under the same roof, especially if they no longer live together as a married couple.

Alternative Dispute Resolution Methods in Contested Illinois Divorce Cases

A contested divorce does not always have to end in a trial. Many spouses disagree at first, but later reach an agreement through alternative dispute resolution. These methods can help people resolve hard issues with more privacy, less stress, and more control over the outcome.

Mediation is one common option. In mediation, a neutral mediator helps both spouses talk through disputed issues. The mediator does not represent either spouse and does not make final decisions. Instead, the mediator helps the spouses look for common ground. Mediation may address property division, parenting time, decision-making authority, child support, spousal maintenance, and other concerns.

Collaborative law is another option. In a collaborative divorce, each spouse has a lawyer, but both sides agree to work toward a settlement instead of going straight to court. Other professionals may also help, such as financial professionals or child specialists. This process can be useful when spouses need support but want to avoid a courtroom battle.

Speak to a Will County, IL Divorce Lawyer Today

If you are in the process of divorcing your spouse, our Naperville, IL family law attorney has over 30 years of experience and can help you. At the Law Office of Ronald L. Hendrix, P.C., we are skilled in assisting with a variety of divorce and family law matters, including contested and uncontested divorces. Contact us at 630-355-7776 to schedule a free consultation with our office.