Contested Divorces and Uncontested Divorces

December 8th, 2025 by Tiffany Hughes

At the outset, before divorces move forward there are two routes the process can go to reach completion. One option is the contested route and the other is the uncontested route. While many believe divorce to be an inherently contentious process there are many couples who successfully utilize the uncontested divorce process.

What is an Uncontested Divorce?

An uncontested divorce means that the spouses have reached an agreement regarding all of the issues in their case, including but are not limited to, the allocation of parental responsibilities, parenting time, child support, maintenance (formerly known as alimony), or division of assets and debts.

Typically in an uncontested divorce, the attorneys, or attorney, if only one party hires an attorney, will draft an agreement memorializing the parties wishes. Upon the completion of the agreement, the agreement will be signed by the parties and taken to a judge for their approval. If the judge finds that the agreement is reasonable and not unconscionable to both parties, the agreement is in the best interests of the child if children are involved, and the agreement is fully understood and agreed upon by both parties, the agreement will be entered and the case is done.

Benefits of Uncontested Divorces

1. Less Stressful: Uncontested divorces are typically more amicable and less stressful to the parties;
2. Shorter Length: Uncontested divorces are typically much shorter than contested divorces;
3. Easier on Children: Uncontested divorces are typically in the best interests of the children; and
4. Less Expensive: Uncontested divorces, even with multiple attorneys involved, typically cost significantly less money than contested divorces.

What is a Contested Divorce?

A contested divorce is one where the parties cannot reach an agreement on all issues. This is very common. Depending on how many issues are not agreed upon, there are many more court appearances required. The main common contested issues in a contested divorce, include but are not limited to, the allocation of parental responsibilities, parenting time, child support, maintenance (formerly known as alimony), and/or division of assets and debts. As such, the party’s and their attorney’s must go to court and present each of their arguments on the respective issues and have the judge make the ultimate decision as to each of the issues. This can dramatically increase the length of your contested divorce.

How Can I Avoid a Contested Divorce?

One way that parties attempt to avoid contested divorces is by attending mediation, negotiation and settlement. For a divorce in Illinois, the law requires that if any parenting issues are contested, the parties are required to attend mediation. Mediation can be successful if both parties are willing to negotiate to try to settle their issues, which thereby increases the likelihood of the parties resolving any contested parenting issues.

Although not required by law in an Illinois Divorce, parties can also mediate any issues relating to their financial matters. Similar to mediation on parenting issues, the likelihood of the parties resolving any contested financial issues greatly increases when parties attend mediation. 

How are Contested Divorces Resolved?

Contested divorces typically are resolved through the parties’ divorce attorneys litigating the matter in court, having the Judge issue recommendations and through settlement. A Pre-Trial Conference is where the judge hears each side’s positions and makes recommendations as to settlement or how they would rule if the case went to Trial. Divorce attorneys in contested divorces usually attempt to resolve as many issues as they can through a Pre-Trial Conference where a Judge will issue recommendations and if unsuccessful taking any remaining issues not resolved during the Pre-Trial Conference to a Trial.

It is extremely important for parties that are involved in a contested divorce to have legal representation as Judges do not make exceptions for self-represented parties and expect them to adhere to any and all rules of evidence and civil procedure that attorneys are required to follow. When involved in a contested divorce, especially if it is scheduled for Trial, having a divorce attorney in your contested divorce could make or break your entire case including your time with your children and your financial future.

Need More Information or Representation?

If you are getting divorced, give The Law Office of Tiffany M. Hughes, P.C. a call today at 773-893-0228 for a confidential, complimentary 30-minute phone consultation or email Tiffany Hughes directly at Tiffanyhughes@thugheslaw.com. Our entire practice is solely dedicated to the area of family law. We are highly experienced in providing legal representation to anyone who is getting a divorce, is wanting to know more about uncontested divorces and the benefits of uncontested divorces, is looking into participating in mediation on parenting and/or financial issues, is trying to avoid a contested divorce, is wanting to know more about contested divorces and how contested divorces are typically resolved, is curious about the typical length of contested divorces and the frequently contested issues in a divorce, or is wanting to speak with a divorce attorney about the importance of legal representation in contested divorces.

About Tiffany M. Hughes, Divorce Attorney, Principal, Managing Partner, The Law Office of Tiffany M. Hughes, P.C.:

Tiffany M. Hughes is a divorce attorney and Managing Partner of The Law office of Tiffany M. Hughes. Recognized as a Top 100 Lawyer in Lawyers Magazine in 2018 and 2019, Super Lawyer from 2016 to date, and in addition to numerous other accolades, Ms. Hughes represents individuals in all aspects of family and matrimonial law proceedings, including litigation, mediation, allocation of parental responsibility (formerly known as custody), parentage, divorce and other child-related matters.

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This blog is made available by The Law Office of Tiffany M. Hughes, P.C. for educational purposes only as well as to give you general information and a general understanding of Illinois law, not to provide specific legal advice. By using this website you understand that there is no attorney client relationship between you and The Law Office of Tiffany M. Hughes, P.C. The website should not be used as a substitute for competent legal advice from a licensed professional attorney in Illinois.  The law changes constantly and we do not go back in time to edit old posts that may be affected by these changes.  If you have any questions about Illinois law, which is the only State this blog and website discusses, please call The Law Office of Tiffany M. Hughes, P.C. for a complimentary phone consultation and do not draw any legal conclusions without speaking to a competent attorney in Illinois first.