practice areas
Chicago Contested Divorce Attorney
When the other side won't agree, the strategy and the record are what decide it.
When the Stakes Are High, the Representation Has to Match.
Contested divorce is not a process you want to navigate by yourself, learning as you go. When your spouse has retained counsel, when significant assets are on the table, when parenting arrangements are in dispute, or when the other side is playing hardball — you need a lawyer who has already thought three steps ahead.
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LaRocque Law represents clients in complex, high-conflict, and financially significant divorce matters throughout Cook, DuPage, and Will County. We come in with a clear plan, execute with precision, and stay ready for court from day one.
What Makes a Divorce Contested
A divorce becomes contested when the parties cannot reach agreement on one or more significant issues. It doesn't require conflict about everything; many contested cases settle the majority of issues and litigate only what remains. The presence of any one of these issues can significantly affect the trajectory of a case and the presence of several requires a deliberate litigation strategy from the start. Common contested issues include:​​
Division of marital assets and debts
Valuation of a business, professional practice, or complex investment portfolio
Allocation of parental responsibilities and parenting time
Spousal maintenance — whether to award it, how much, and for how long
Hidden, dissipated, or undervalued assets
Temporary orders for support, occupancy of the marital home, and parenting arrangements
What Contested Divorces Are Really About
A divorce is contested when the spouses cannot agree on one or more of the issues a court has to decide. It does not have to be all of them. Most contested cases come down to a handful of disputes, and knowing which ones apply to you shapes everything that follows.
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The issues that most often keep couples from settling are:
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Parenting. Who makes major decisions about the children (the allocation of parental responsibilities) and how time is divided (parenting time). Illinois courts decide these based on the children's best interests, not on which parent "wins."
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Maintenance. Whether one spouse pays support to the other, how much, and for how long. Illinois uses a guideline formula in many cases, but the court can deviate from it, and the inputs are often disputed.
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Property and debt. What counts as marital property, what is separate, and how the marital estate is divided. Businesses, real estate, retirement accounts, and stock compensation are the usual sources of disagreement.
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Dissipation. Whether one spouse spent marital money on something unrelated to the marriage, often while the marriage was breaking down, and whether that should be charged against their share.
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Child support. Usually formula-driven, but income, overnights, and add-on expenses can still be contested.
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Attorney's fees. In some cases, one spouse asks the other to contribute to legal fees.
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These issues overlap. A maintenance dispute can depend on how a business is valued, and a parenting dispute can change the child support calculation. That is why a contested case is rarely just one fight, and why the early strategy matters.
How a Contested Case Moves Through the Court
Every contested divorce in Illinois follows the same basic path. How long each stage takes depends on the county, the judge, and how much the spouses disagree.
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Filing and service. One spouse files a petition for dissolution of marriage, and the other is formally served and responds.
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Temporary relief. While the case is pending, either spouse can ask the court for temporary orders on parenting time, support, and who stays in the home. These early orders often set the pattern for the rest of the case.
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Financial disclosure. Both spouses must disclose their income, assets, and debts in sworn financial affidavits, supported by documents.
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Discovery. The spouses exchange documents and information, and may take depositions. This is where most financial disputes are won or lost.
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Mediation and case management. Courts in Cook, DuPage, and Will Counties generally expect parents to try mediation on parenting issues, and judges use status dates to move the case along.
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Settlement or trial. Most cases settle. The ones that do not go to a hearing or trial, where the judge decides the issues the spouses could not.
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Cook County cases are heard in the Domestic Relations Division. Contested divorces in Cook County are typically filed at the Daley Center in downtown Chicago, though depending on where you live, your case may belong in one of the suburban courthouses. We’ll tell you where your case should be filed. DuPage and Will County cases follow their own local rules and calendars, and the procedures differ in ways that matter. Our Cook County divorce timeline walks through the Cook County process step by step.
Discovery and Financial Disclosure: Where Contested Cases Are Won
In a contested divorce, the strongest arguments are the ones the documents support. Discovery is the process of getting those documents, and it is where preparation pays off.
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Both spouses are required to disclose their finances under oath. In practice, that means pay records, tax returns, bank and credit card statements, retirement and investment account statements, business records, and documents for real estate and debts. If the other side leaves something out, discovery is how it comes to light.
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Three things tend to go wrong:
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Incomplete disclosure. Accounts, income streams, or business interests that are missing or understated.
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Unexplained spending. Large withdrawals or transfers during the marriage that raise a dissipation question.
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Valuation disputes. Businesses, real estate, and stock compensation can be valued very differently depending on who is doing the valuing and how.
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If you are preparing for a contested case, start gathering your own records now, before anything is filed. Our divorce checklists list the documents most cases need.
Settlement or Trial: How the Decision Gets Made
Most contested divorces end in a negotiated agreement, often after the key facts are out and each side has a realistic sense of how a judge might rule. Some do not, and a case that is headed to trial has to be prepared that way from the start.
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The question we help clients work through is simple: what does the offer on the table look like next to the likely result at trial, after accounting for the cost, time, and uncertainty of getting there? A settlement that gives up something you would probably win is a bad deal. A trial that risks more than the gap between the offers is also a bad deal. Which one you are facing depends on the facts, the judge, and what the evidence will actually show.
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Our Settle or Trial calculator is a starting point for thinking through that comparison. It does not replace advice on your case, but it can help you see what questions to ask.
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We prepare every contested case as if it may be tried. That keeps settlement discussions grounded, and it means that if talks fail, the work is already done.
What Drives the Cost and Length of a Contested Divorce
Nobody can tell you what a contested divorce will cost or how long it will take without knowing the facts, and anyone who promises a number up front is guessing. What we can tell you is what moves both.
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The biggest factors are:
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How many issues are in dispute. A case that is only about parenting time is a different undertaking from one that also involves a business, real estate, and maintenance.
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How cooperative the other side is. Slow or incomplete disclosure means more motions and more court dates.
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Outside professionals. Business valuations, real estate appraisals, and parenting evaluations add cost, and sometimes they are what decides the case.
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Court schedules. Each county and each judge moves at a different pace.
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Whether the case settles. Settling early, on the right terms, is usually the least expensive way to finish. Settling early on the wrong terms is not.
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At your first consultation, we will tell you what we see in your case, which of these factors are likely to apply, and how we would approach them. You will leave with a realistic picture, not a sales pitch.
The First 30 Days Matter More Than Most People Realize
​When divorce becomes contested, early decisions set the trajectory for everything that follows. Temporary orders entered in the first weeks of a case — covering finances, the marital home, and parenting time — can be difficult to undo and often influence the final outcome more than people expect.
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Before your spouse's attorney files anything, we want to know your full picture: what assets exist, what the income situation looks like, what the parenting arrangement has actually been, and what outcome matters most to you. That information shapes everything we do from the first filing forward.
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If you've already been served, time is short. Contact us immediately.​
Our Approach to Contested Divorce
Why Clients Choose LaRocque Law
We don't manufacture conflict, and we don't back down from it either. Our job is to assess your situation honestly, tell you what the law actually supports, and pursue the most efficient path to a fair outcome, whether that's a negotiated settlement or a courtroom. Common questions are answered in our contested divorce FAQ.
"...having a lawyer who was quick to respond and always honest and direct was huge. I wasn't left wondering how to proceed or left dragging this chapter of my life out longer than necessary. Rebecca fought for me when I really needed someone." — Annie M., client. Past results and client testimonials do not guarantee future outcomes; every case is unique.
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Cases are handled by Rebecca LaRocque and Isma Choudhry. Family law only, in Cook, DuPage, and Will Counties.
Frequently asked questions
How long does a contested divorce take in Illinois?
It depends on the complexity of the issues involved. Cases with significant financial disputes, business interests, or contested parenting arrangements typically take longer than straightforward matters. Cases that go to trial take the longest, and the court's calendar is a factor no one controls. One of the biggest factors in the timeline is how early a clear strategy is established; cases that start organized tend to move faster.
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Will my case go to trial?
Most contested divorces settle before trial, but the ones that settle well are the ones that were prepared for trial from the start. We build every case as if it will be heard by a judge, which strengthens your negotiating position at every stage. If trial becomes necessary, we are ready.
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What if my spouse is hiding assets or income?
Illinois discovery procedures allow parties to request financial records, subpoena information, and investigate discrepancies in financial disclosure. In some cases, forensic accountants or business valuation professionals may be necessary.
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Do I need to move out during the divorce?
Not necessarily. Whether remaining in the marital residence is advisable depends on the facts of the case, financial considerations, parenting arrangements, and overall litigation strategy.
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How is property divided in a contested divorce in Illinois?
Illinois is an equitable distribution state, meaning marital property is divided fairly, not necessarily equally. Courts consider factors including the length of the marriage, each spouse's financial situation, contributions to marital assets, and the value of non-marital property. When income is non-traditional or assets are complex, accurate valuation becomes critical. We ensure the financial picture is complete before any division is negotiated.
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What happens to the children during a contested divorce?
Illinois courts allocate parenting time and decision-making responsibilities based on the best interests of the child. During a contested divorce, temporary parenting orders are often established early to create stability while the case proceeds. We work to build parenting structures that are clear, enforceable, and designed to hold up long after the case closes, not just agreements that get the case settled.