Getting a Divorce in Illinois: What Are Your Options?

 Posted on July 31, 2025 in Divorce

Divorce is never one-size-fits-all. Some couples part ways peacefully, wrapping things up with minimal stress. Others face drawn-out legal battles over property, parenting, and financial support. No matter where your situation falls on the spectrum, the way you handle your divorce can shape your future just as much as the decision to end the marriage.

In Illinois, there are several legal paths you can take. Some are cooperative, some are contentious. Knowing your options is the first step toward making informed decisions that protect your rights and set you up for a smoother transition.

A Naperville, IL divorce attorney can help you evaluate each approach and choose the strategy that best matches your priorities, goals, and the unique dynamics of your case.

What Happens in a Traditional Divorce?

Traditional divorce, also called litigation, is the most formal and court-involved option. This process typically begins when one spouse files a petition for dissolution of marriage. Both spouses are usually represented by attorneys, and issues like property division, parenting time, and spousal support are resolved through legal procedures or at trial.

This option is often necessary when spouses have significant disagreements or when one party is uncooperative. It may also be required in high-conflict divorces involving allegations of abuse, hidden assets, or complex financial disputes.

The litigation process can be lengthy, especially if it involves discovery, pretrial motions, and multiple hearings. However, it may be the only way to ensure fair outcomes when other methods will not work for the given situation.

How Does Collaborative Divorce Work?

Collaborative divorce is an amicable approach that allows spouses to resolve disputes outside the courtroom. Each spouse hires an attorney trained in collaborative law, and all parties agree in writing not to go to court during the process. If negotiations fail, both attorneys must withdraw, and the spouses must start over with new legal representation.

The process often involves a team of professionals, including mental health coaches, financial planners, or child specialists. These experts offer support and guidance while ultimately focusing on problem-solving and cooperation.

Collaborative divorce works best for spouses who are willing to openly communicate and are committed to reaching mutually beneficial solutions. This method can be especially helpful for divorcing spouses who want to maintain a respectful relationship after divorce, particularly when they have children together.

What Is Divorce Mediation?

Mediation is a form of alternative dispute resolution in which a neutral third party helps the spouses negotiate their divorce agreement. Unlike litigation, mediation does not involve a judge making decisions. Instead, the mediator facilitates conversation and helps both parties find common ground for their issues.

This process is often faster and more cost-effective than going to court. Many people choose mediation because it allows them to retain more control over the outcome and keep the details of the divorce private.

In Illinois, courts can order spouses to participate in mediation if they disagree on issues involving children. Under 750 ILCS 5/602.10, courts may refer parents to mediation in order to resolve disputes about parental responsibilities and parenting time.

Mediation is not legally binding unless both parties reach a written agreement, which can then be submitted to the court for approval.

What Is an Uncontested Divorce?

Spouses can undergo an uncontested divorce if they both agree on all major issues from the very beginning of the process. This includes decisions about asset division, child custody, parenting time, support, and other relevant matters. Because there are no disputes, the legal process is typically quicker, less expensive, and far less stressful.

People often choose this route when they have a shorter marriage, do not share children, or have already settled their financial matters informally. In these cases, court appearances may be minimal, and the divorce can be efficiently finalized with the help of a lawyer.

Even though uncontested divorces are more straightforward, it is still essential to make sure that the agreement complies with Illinois law and that your rights are protected. A lawyer can review your documents, file them with the court, and verify that the final judgment accurately reflects your intentions.

How Do You Decide Which Divorce Type Is Right For You?

Choosing the right divorce approach depends on several key factors, including the level of cooperation between you and your spouse, whether you have children, the complexity of your assets, and your goals for the future. Here are a few considerations to keep in mind as you make your decision:

• If communication with your spouse has broken down or there are significant disputes, litigation may be necessary.

• If you want to preserve a cooperative dynamic and avoid court, collaborative divorce or mediation could be appropriate for your circumstances.

• If you and your spouse already agree on all major issues, an uncontested divorce may offer the simplest path toward finalizing the divorce.

Consulting with a divorce attorney can help you evaluate your options and decide how to proceed based on your needs.

Can You Switch from One Divorce Type to Another?

It is possible to begin your divorce under one process and later switch to a different one. For instance, you may start mediation and realize that you and your spouse cannot reach an agreement, prompting a transition to litigation. Or you might start down the path of traditional divorce and decide to pause court proceedings to privately negotiate a settlement.

The ability to shift approaches can be helpful, especially when circumstances evolve during the divorce. Emotions often change, new issues may come up, or one party may become more open to negotiation after the process begins.

Having an attorney who understands the pros and cons of each method can help you pivot as needed while maintaining legal protection throughout the case.

Consult With a Will County, IL Divorce Lawyer Today

If you are considering divorce and are unsure which process is right for you, a Naperville, IL divorce attorney at Law Office of Ronald L. Hendrix, P.C. can help you make a well-thought-out decision. Attorney Hendrix has experience with litigation, collaborative divorce, mediation, and uncontested divorces, and he is committed to helping you find the best approach for your situation. He is also a court-appointed mediator and holds a Master's degree in guidance and counseling, so he is highly knowledgeable in this area of law.

Contact 630-355-7776 to schedule a free consultation and take the first step toward a new beginning.