Contested Divorce
How long does a contested divorce take in Illinois?
A contested divorce in Illinois can take anywhere from several months to more than two years, depending on the circumstances. Cases involving complex finances, business valuations, significant property disputes, or contested parenting arrangements generally take longer.
There is no universal deadline for completing a contested divorce. The timeline depends on the issues in dispute, the discovery process, the parties' willingness to negotiate, and the court's availability.
At LaRocque Law, we focus on establishing a clear strategy early, identifying the issues that actually require litigation, and avoiding unnecessary delays. Our goal is to move your case toward resolution without sacrificing the preparation necessary to protect your interests.
Will my contested divorce go to trial?
Not necessarily. Many contested divorces resolve through negotiation, mediation, or settlement before trial. However, when the parties cannot reach an agreement, the court may need to decide the remaining disputed issues.
At LaRocque Law, we are litigation-ready, not litigation-driven. We prepare cases with the possibility of trial in mind while continually evaluating whether litigation is likely to produce a meaningful benefit. Before recommending further litigation, we consider the potential outcome, costs, risks, and available alternatives.
Our objective is not to keep you in court. It is to obtain a resolution that protects your interests, whether through a negotiated agreement or a trial.
Do I need to move out of the marital home during a divorce?
No. Filing for divorce does not automatically require either spouse to leave the marital residence.
Whether you should remain in the home depends on your financial circumstances, parenting arrangements, safety concerns, and the potential consequences of moving out.
Under certain circumstances, an Illinois court may grant one spouse temporary exclusive possession of the marital residence. Pursuant to 750 ILCS 5/501(c-2), this relief generally requires a showing that continued occupancy by both spouses jeopardizes the physical or mental well-being of either spouse or the children, along with consideration of the hardships to each party.
Before moving out, it is important to understand how that decision may affect your finances, parenting arrangements, and litigation strategy.
What happens to the children during a contested divorce?
A contested divorce does not automatically change either parent's rights or responsibilities concerning the children. If parents cannot agree on parenting arrangements while the case is pending, the court may enter temporary orders establishing parenting time and decision-making responsibilities.
Illinois courts determine parenting time and significant decision-making responsibilities based on the child's best interests. Relevant considerations include the child's needs, each parent's history of caretaking, the child's relationships with family members, the parents' ability to cooperate, and any relevant safety concerns.
Temporary parenting orders can provide structure and stability while the divorce proceeds. Ultimately, the court must approve or establish a parenting arrangement that serves the child's best interests.
At LaRocque Law, we focus on developing clear, practical, and enforceable parenting arrangements that address both the immediate needs of the family and the realities of co-parenting after divorce.
750 ILCS 5/603.5, 750 ILCS 5/602.5, and 750 ILCS 5/602.7.
Learn more about contested divorce Illinois.