Contested vs. Uncontested Divorce: What Is the Difference?

 Posted on April 17, 2025 in Divorce

Divorce can be a complex process, and the best legal option will depend on your circumstances. Understanding the difference between contested and uncontested divorce is relevant for anyone facing the termination of their marriage. Consider the key differences and how they impact the legal process. A DuPage County, IL divorce attorney will listen to your story and help you find the best solution for your situation.

What Is a Contested Divorce?

Contested divorces occur when spouses cannot agree on the terms of divorce, often relating to disputes over property division, parental responsibilities, and financial support, such as alimony. This leads to a more complicated process and requires intervention from the court through a trial process. 

What Is an Uncontested Divorce?

A divorce is uncontested when the spouses can agree on the terms, allowing them to avoid a trial and resolve the divorce more swiftly. To qualify as an uncontested divorce, both spouses must agree that the split is the result of irreconcilable differences, and they should settle on the same page with issues like asset and debt distribution, child support, alimony, and parenting time.

Uncontested divorce is generally less expensive and easier to navigate. Because the process is shorter, it incurs lower legal fees. Since the agreement is finalized without the trial process, you can also obtain the divorce order more quickly.

How Do the Legal Processes Differ for Contested vs. Uncontested Divorce?

The first step in the divorce process is to file a petition for the dissolution of marriage. According to the Illinois Marriage and Dissolution of Marriage Act, at least one spouse must be a resident of Illinois or maintain a military presence in the state for a minimum of 90 days before you can file. For an uncontested divorce, you submit a written agreement with the court, where it will then be approved by a judge and finalized. 

With a contested divorce, you may need to go through several processes, including:

• A process called mediation, where you meet with a third party to try and resolve issues

• Discovery, where you exchange information related to your case

• Formal requests to the court, called pre-trial motions, for issues like custody, protection, and support

Finally, your case may go to trial, where your attorney will argue on your behalf, presenting evidence that may include financial documentation and witness testimonies. The judge will consider all the evidence and make decisions for all key issues.

Contact a Naperville, IL Divorce Attorney Today for a Free Consultation

At Pesce Law Group, P.C., we have seen contested and uncontested divorces unfold under various circumstances. With the help of an Illinois divorce lawyer, you will understand the rights afforded to you by the state in every possible situation. Our goal is to make this as painless and swift as possible to help you move on with your life. Call 630-352-2240 to schedule a free consultation today.