Litigated Divorce in Illinois

When spouses cannot reach agreements on their own or through alternative methods like mediation or collaborative divorce, litigation becomes necessary. In a litigated divorce, each spouse hires an attorney to represent their interests in court. The attorneys present evidence, argue legal points, and a judge ultimately makes decisions about property division, parenting time, child support, and other contested issues.

The Litigation Process

1. Filing a Petition: One spouse files a petition for dissolution of marriage, initiating the legal process.
2. Discovery: Both sides gather information and evidence through document requests, depositions, and other legal tools.
3. Negotiations: Attorneys may attempt to negotiate a settlement throughout the process.
4. Court Hearings: If negotiations fail, the case proceeds to court hearings and potentially a trial.
5. Judge’s Decision: A judge issues a final order resolving all contested issues.

Pros of a Litigated Divorce

1. Legal Protection: Your attorney will advocate for your rights and ensure you’re treated fairly within the legal system.
2. Judicial Authority: A judge can resolve disputes when you and your spouse cannot agree.
3. Clear Legal Framework: The court provides structure and rules, which can be helpful in highly contentious cases.

Cons of a Litigated Divorce

• Expensive: Litigation is the most expensive divorce option due to attorney fees, court costs, and expert witness fees.
• Time-Consuming: The court process can be slow, with cases often taking many months or even years to resolve.
• Stressful: Court hearings and trials can be emotionally draining and increase conflict between spouses.
• Loss of Control: You relinquish some control over the outcome, as a judge ultimately makes the final decisions.
• Public Record: Court proceedings are a matter of public record, potentially exposing private information.

Litigation may be necessary if:

• You and your spouse cannot agree on major divorce-related issues
• There are concerns about domestic violence, child abuse, or other safety issues
• One spouse is hiding assets or refusing to cooperate

Approximate Costs

• Attorney Fees: $10,000 – $50,000+ (depending on complexity and attorney’s rates)
• Court Filing Fees: Vary by county
• Expert Witness Fees: May be required for appraisals, custody evaluations, etc.

Approximate Timeline

12-24+ months (depending on court schedules and the complexity of the case)

While I have written extensively about the process of divorce litigation, I no longer represent clients in matters like these. Instead, my goal is to educate readers about the costs and time to complete a divorce when you cannot agree. Simply put, it’s a lot cheaper, faster, less stressful and less onerous to try to work with your soon-to-be-ex to not end up before a judge to have the judge decide your future. If you need help with your Metro East uncontested, simple, negotiated or collaborative divorce, call my office or set up a time to chat.

Disclaimer: This blog post is for informational purposes only and does not constitute legal advice. It is essential to consult with an attorney to discuss your specific situation and legal options.