Understanding Litigation in an Illinois Divorce

 Posted on May 06, 2025 in Divorce

Many people are unaware that there is more than one way to go about getting a divorce in Illinois. Sometimes, you can resolve disputes and reach an agreement without ever entering a courtroom. However, more often than not, divorce litigation is necessary, and this can be a complicated process. If you are facing a contested or complex divorce, learning more about the litigation process is important, and a Will County, IL divorce litigation attorney can help.

What Are the Types of Divorce Litigation in Illinois?

The broad definition of divorce litigation is that it is a process used to resolve disputes between the divorcing parties and is governed by state statutes. These laws cover every aspect of the divorce process, from the allocation of parental responsibilities to the division of property. In general, there are three main types of divorce litigation:

• Both spouses are communicative with each other and their respective attorneys, allowing the attorneys to work together with the judge.

• The spouses are not working together, but their attorneys are collaborating to reach an agreement.

• The spouses cannot agree on any aspect of the divorce proceedings, and the attorneys have to use motions to raise issues with the court.

Regardless of how well you are communicating with your spouse, you still need representation during the divorce process. Many factors can make even a seemingly straightforward divorce more complex, and having a representative to protect your rights and preferences is key to a more favorable outcome.

What Are the Advantages of Illinois Divorce Litigation?

Divorce litigation offers a structured framework that ensures that the rights of everyone involved are upheld. Your attorney will advocate for you and protect your interests under state law. Additionally, high-asset or financially complex cases need a formal platform for resolution with a knowledgeable judge leading the legal process. Finally, divorce litigation ends in a legally binding judgment that can bring closure to you and your ex-spouse, allowing you both to move on more comfortably.

What Are the Disadvantages of Illinois Divorce Litigation?

While often necessary, there are still disadvantages to the litigation process for divorce. For example, it can be time-consuming and expensive. Court and legal fees are an unavoidable but sometimes straining element. You also lose some of the control you would have during mediation, but again, if you and your spouse strongly disagree on major issues, such as the distribution of assets, mediation likely would not benefit you. Working with legal professionals is the most effective way to make the process as painless as possible.

Contact a Naperville, IL Divorce Litigation Attorney Today

Understanding the advantages and disadvantages of divorce litigation is a significant part of the legal process. To learn more about how it all applies to the unique details of your case, speak with a DuPage County, IL divorce litigation lawyer today. The attorney at Law Office of Ronald L. Hendrix, P.C. holds both a law degree and a master’s in guidance and counseling, making him a compassionate representative. Call 630-355-7776 to schedule a free consultation.