Contested Divorce Attorney in Illinois — Property, Alimony, Custody and Trial

Your spouse wants the house, the kids or a support figure you cannot accept. This guide from a contested divorce attorney in Illinois perspective explains how contested cases work, what drives the cost, and where fixed-fee help saves money.

Illinois is an equitable distribution state that divides marital property in "just proportions". In addition, Illinois uses a statutory maintenance formula and duration schedule when combined income is below a set threshold. Consequently, strategy and evidence matter from the first day.

Our attorneys provide consultations, responses, discovery documents and settlement agreements for contested divorces across Illinois, entirely online.

What makes a divorce contested in Illinois?

A divorce is contested when spouses disagree on at least one issue, such as property, debts, support or custody. Disputes often center on the home, retirement accounts or the children.

Contested does not mean a trial is certain. In fact, most contested Illinois cases settle after discovery and mediation. Consequently, the goal is usually a fair settlement built on solid evidence. A contested divorce consultation maps your realistic outcomes.

The stages of a contested divorce in Illinois

First, one spouse files and serves the petition or complaint. Next, the other spouse files a response, often with counterclaims. Our response to divorce petition service makes sure that first filing is complete and on time.

Then both spouses exchange financial information. In Illinois, that usually includes a Financial Affidavit. After that come discovery, temporary orders, mediation and, if needed, trial before the Circuit Court, such as the Domestic Relations Division at the Daley Center in Chicago.

Deadlines matter

Each stage has deadlines. For example, ignoring discovery can lead to facts being deemed admitted. Therefore, track every date carefully.

Property division in a contested Illinois divorce

Illinois is an equitable distribution state that divides marital property in "just proportions". Separate property, such as assets owned before marriage, gifts and inheritances, is generally treated differently. However, mixing separate and marital funds can blur the line.

Disputes often involve the home, retirement accounts and businesses. For example, a business may need a professional valuation. Similarly, retirement accounts usually require a QDRO. A property division consultation helps you decide which assets are worth fighting over.

Alimony and spousal support in Illinois

Illinois uses a statutory maintenance formula and duration schedule when combined income is below a set threshold. Consequently, tax returns and pay records matter a great deal.

Temporary support during the case can also shape the final result. Therefore, prepare carefully for any temporary hearing. For more detail, read our guide to child and spousal support.

Custody disputes in Illinois

Custody is decided on the child's best interests. Illinois requires mediation of contested parenting issues in most cases. Evidence of day-to-day parenting carries real weight.

Bring a specific proposal. Our parenting plan service drafts detailed schedules. In addition, read our guide to child custody disputes to prepare for hearings.

Discovery: finding the real numbers in Illinois

Discovery is how you see the full financial picture. The main tools are interrogatories, requests for production, requests for admission and depositions. Consequently, discovery often decides the outcome.

Our Interrogatories and Requests for Production services prepare targeted discovery at fixed prices. If you suspect hidden assets, an asset search checks public records too.

Mediation and settlement in Illinois

Illinois requires mediation of contested parenting issues in most cases. A neutral mediator helps both sides find common ground. In fact, many contested cases settle in a single long session.

Preparation is everything. Know your numbers, your priorities and your walk-away point. Once you agree, the terms must be written precisely. Our Marital Settlement Agreement service turns mediated terms into an enforceable agreement.

Preparing for trial in Illinois

If settlement fails, the case goes to trial before the Circuit Court, such as the Domestic Relations Division at the Daley Center in Chicago. Family trials are usually decided by a judge. Each side presents witnesses, documents and, sometimes, experts.

Pretrial motions often shape the trial. Our motion preparation service drafts them at a fixed price. Similarly, our trial exhibit list service organizes your evidence. Even so, settlement talks often continue right up to trial.

What a contested divorce costs in Illinois

Contested divorces are usually billed hourly, so costs depend on how many issues are disputed and how far the case goes. Discovery and trial preparation drive most of the cost.

Fixed-fee documents reduce that cost. For example, discovery requests, motions and settlement agreements can be ordered at set prices. As a result, your trial attorney's hours go where they matter most. For a national overview, read our contested divorce litigation guide.

Temporary orders while a Illinois case is pending

A contested case can take months. Meanwhile, someone has to pay the mortgage, and the children need a schedule. Therefore, either spouse can ask the Circuit Court, such as the Domestic Relations Division at the Daley Center in Chicago for temporary orders.

Temporary orders can cover custody, child support, spousal support, use of the home and payment of debts. In addition, many courts issue standing orders that stop both spouses from hiding assets or cancelling insurance. Consequently, a strong temporary hearing can set the tone for the whole case.

Bring a clear budget, recent pay records and a proposed parenting schedule. Similarly, gather proof of who has handled the children's daily care. Our motion preparation service drafts requests for temporary relief at a fixed price.

How fixed-fee help works for a Illinois contested divorce

You do not have to buy every hour of a lawyer's time to get strong documents. Instead, you can order the specific pieces you need. For example, many clients start with a contested divorce consultation to set a strategy.

After that, you can order discovery, motions or a settlement agreement as the case moves forward. Each one has a set price, so you know the cost before work begins. Furthermore, everything happens online, so you can work from anywhere in Illinois.

Some clients use us alongside a local attorney who handles court appearances. Either way, browse our family law services to see what fits your case.

Protecting yourself during a Illinois divorce

Several practical steps protect you. First, keep copies of financial records, such as tax returns, bank statements and retirement statements. Next, avoid moving or hiding money, which can backfire badly in court.

In addition, keep communication with your spouse calm and in writing. Avoid posting about the case on social media, because it often becomes evidence. Finally, put the children first. Judges notice parents who shield children from conflict.

Our Contested Divorce services in Illinois

Every service below has a fixed price, is prepared by a qualified attorney and is delivered online — wherever you are in Illinois. Additionally, you can upload evidence, message your attorney and track progress from your secure client dashboard.

Contested Divorce across Illinois — cities we serve

We work with clients in every part of Illinois, entirely online. Therefore, it does not matter whether you live downtown or hours from the nearest courthouse. Your documents follow Illinois law and your county's local practice. Choose your city below to see local details and prices.

• Chicago: Contested divorce consultation in Chicago · Response to Divorce Petition in Chicago · Property-division consultation in Chicago
• Aurora: Contested divorce consultation in Aurora · Response to Divorce Petition in Aurora · Property-division consultation in Aurora
• Naperville: Contested divorce consultation in Naperville · Response to Divorce Petition in Naperville · Property-division consultation in Naperville
• Joliet: Contested divorce consultation in Joliet · Response to Divorce Petition in Joliet · Property-division consultation in Joliet
• Rockford: Contested divorce consultation in Rockford · Response to Divorce Petition in Rockford · Property-division consultation in Rockford
• Springfield: Contested divorce consultation in Springfield · Response to Divorce Petition in Springfield · Property-division consultation in Springfield
• Elgin: Contested divorce consultation in Elgin · Response to Divorce Petition in Elgin · Property-division consultation in Elgin
• Peoria: Contested divorce consultation in Peoria · Response to Divorce Petition in Peoria · Property-division consultation in Peoria
• Evanston: Contested divorce consultation in Evanston · Response to Divorce Petition in Evanston · Property-division consultation in Evanston
• Schaumburg: Contested divorce consultation in Schaumburg · Response to Divorce Petition in Schaumburg · Property-division consultation in Schaumburg

More Illinois services

Response to Divorce Petition in Illinois · Property-division consultation in Illinois · Interrogatories in Illinois · Requests for Production of Documents in Illinois · Motion / Response Preparation (Self-Represented) in Illinois · Marital Settlement Agreement (MSA) in Illinois. See all legal services in Illinois.

Nearby states

Moving between states, or is the other party elsewhere? We also cover Contested divorce consultation in Indiana, Contested divorce consultation in Wisconsin, Contested divorce consultation in Missouri, Contested divorce consultation in Iowa, Contested divorce consultation in Kentucky. See every location we cover.

Frequently asked questions

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Related guides

This guide is general information, not legal advice for your situation. Every case is different — speak to a qualified attorney before you act.