Arami Law - Chicago divorce and family law attorneys

Chicago Contested Divorce Attorneys

The golden rule of any legal dispute is it’s always cheaper to settle. But settling doesn’t always produce a fair result, so the parties may need to weigh the additional costs against the potential benefits of going to trial. At Arami Law, we encourage our clients to have clear goals for any litigation and to be realistic about their attainability. Our trial experience allows us to predict with reasonable accuracy how a judge is likely to rule on many issues. We provide accurate assessments so you can make an informed decision about how to proceed. That said, there are times when a trial is necessary to obtain a just resolution. You can trust us to litigate your case aggressively, with the utmost preparation and the full application of our courtroom skills.

Arami Law - Chicago divorce and family law attorneys

Chicago Contested Divorce Attorneys

A contested divorce means that the spouses have not reached an agreement on one or more of the issues necessary for a final divorce settlement. The most frequently litigated family law issues are child custody and property distribution. When issues are held over for trial, there is a wait of about six months for a court date. During this time, the attorneys prepare for trial, which may involve the following:

  • Financial statements — During the Illinois divorce process, the parties are required to complete a full financial disclosure. We may use the discovery process to determine whether a spouse is hiding assets that should be considered marital property.
  • Witnesses — Your attorney deposes you, your spouse, and any witnesses for either side under oath and preserves the testimony for trial. Witness credibility is a major issue in contested matters. For example, in child custody disputes, witnesses who credibly recount abuse or conduct detrimental to the child’s health and welfare can heavily influence the court.
  • Experts — For property disputes, it may be necessary to consult forensic accountants or financial analysts to obtain accurate valuations of financial instruments and real estate holdings. Lawyers also often work with child psychologists to bolster or refute the findings of the court-appointed evaluator.
  • Guardian ad litem — The court may appoint someone to conduct an independent evaluation of a child and return an opinion regarding what would be in the youngster’s best interest.

A trial can last one day or several days before the judge renders a decision. This depends on the number of issues and their complexity.

Why Choose Us

For capable representation in your contested divorce, contact our Chicago attorney

 

When selecting a divorce attorney, it is important to choose someone who is capable of going to trial if litigation becomes necessary. For reliable courtroom representation, contact Arami Law today to schedule a consultation. Our firm serves clients in the Loop, in the suburbs, and throughout the entire Chicagoland area.

Contested Divorce Attorney

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What Is a Contested Divorce in Illinois?

A contested divorce occurs when spouses cannot reach agreement on one or more key issues — including property division, spousal maintenance, child custody, or child support. Unlike an uncontested divorce where both parties agree on all terms, a contested divorce requires court intervention and often proceeds to trial.

Illinois is a no-fault divorce state, meaning either spouse can file for divorce by citing irreconcilable differences without needing to prove wrongdoing. However, no-fault filing does not prevent the case from becoming highly contested when it comes to dividing assets or determining parenting time.

Common issues that lead to contested divorces in Cook County include disputes over the value of a marital business, disagreement over the family home, conflicting custody proposals, and disputes about income for purposes of calculating child or spousal support.

The Contested Divorce Process in Cook County

A contested divorce in Illinois typically follows these stages:

  • Filing the Petition: One spouse files a Petition for Dissolution of Marriage in the county Circuit Court. In Cook County, this is filed at the Daley Center or a suburban courthouse.
  • Service of Process: The other spouse must be formally served with the divorce papers.
  • Response and Counterpetition: The responding spouse files an Answer and may file a Counterpetition raising their own claims.
  • Discovery: Both sides exchange financial documents, interrogatories, and depositions to uncover all marital assets and income.
  • Temporary Orders: The court may issue temporary orders governing child custody, support, and exclusive possession of the marital home while the case is pending.
  • Mediation: Illinois courts often require mediation before trial to attempt resolution of parenting disputes.
  • Pre-Trial Conference: The judge meets with attorneys to narrow issues and assess settlement possibilities.
  • Trial: If no settlement is reached, the case proceeds to a bench trial before a Cook County judge who issues a final ruling.

The entire process can take anywhere from 6 months to several years depending on the complexity of the issues and the court’s calendar.

How Arami Law Approaches Contested Divorce Litigation

Not every contested divorce needs to go to trial — but every contested divorce needs to be prepared as if it will. At Arami Law, we build every case for trial from day one. That preparation is what gives us leverage in settlement negotiations and what wins at the courthouse when settlement isn’t possible.

Our approach includes:

  • Aggressive Discovery: We leave no asset uncovered. We subpoena bank records, business valuations, retirement account statements, and tax returns to ensure a complete financial picture.
  • Expert Coordination: We work with forensic accountants, vocational experts, and child psychologists when needed to build the strongest possible case.
  • Realistic Assessment: We give our clients honest evaluations of what they can and cannot expect — setting clear goals and pursuing them strategically.
  • Trial-Ready Advocacy: Our attorneys have extensive Cook County courtroom experience and are not afraid to take a case to a judge when that produces the best outcome for our client.

Whether your case resolves through negotiation or requires a full trial, Arami Law will be prepared and aggressive at every stage.

Frequently Asked Questions About Contested Divorce in Illinois

How long does a contested divorce take in Illinois?
Most contested divorces in Cook County take 12–24 months from filing to final decree. High-asset cases with complex property or business valuation disputes can take longer.

Can I represent myself in a contested divorce?
You can, but it is strongly discouraged. Illinois divorce law is complex, and opposing counsel will use your inexperience against you. The stakes — your financial future and your children — are too high to navigate alone.

What happens if my spouse refuses to cooperate?
Your attorney can seek court orders compelling cooperation. Sanctions, including adverse inferences and fee awards, are available against a spouse who refuses to comply with discovery obligations.

How does a judge decide property division?
Illinois follows equitable distribution — assets are divided fairly but not necessarily 50/50. Judges consider the length of the marriage, each party’s contributions, economic circumstances, and other factors listed in 750 ILCS 5/503.

How much does a contested divorce cost?
Costs vary widely depending on complexity, the level of conflict, and whether the case goes to trial. Attorney fees, court costs, and expert witness fees all contribute. Arami Law provides transparent fee discussions during your initial consultation.