Going through a divorce in Illinois forces you to make some big decisions about how to end your marriage. The process you pick shapes how long everything drags out, how much it costs, and how much stress you’ll deal with.

Many people think the court is their only option, but that’s just not the case.

Illinois offers several different divorce options, including traditional litigation, mediation, and collaborative divorce.

Each one fits different situations and personalities. The right choice depends on how well you and your spouse can work together, what issues you need to solve, and what matters most to you.

Learning about mediation, collaborative divorce, and litigation lets you choose a path that fits your life, not someone else’s.

Key Takeaways

• Illinois offers three main divorce paths: litigation through the court system, mediation with a neutral third party, and collaborative divorce with a team approach.
• The best divorce option depends on how well spouses communicate, the complexity of their issues, and their goals for cost and privacy.
• Talking to an Illinois divorce lawyer helps people understand which process fits their situation and protects their interests.

What Are Your Divorce Options in Illinois?

In Illinois, your main divorce options are traditional litigation, mediation, collaborative divorce, uncontested divorce, and do-it-yourself (pro se) divorce. Each path handles cost, conflict, privacy, and decision-making differently. The right option for you depends on safety, communication with your spouse, financial complexity, and how quickly you need a resolution.

The Five Main Divorce Paths in Illinois

An uncontested divorce works when both spouses agree on all the significant issues. You’ll settle property division, child custody, and support without fighting.

This option saves time and money because there’s less court involved.

Mediation brings in a neutral third party to help you both reach agreements. The mediator won’t decide for you but will guide your conversations about dividing assets and arranging custody.

Divorce without court through mediation lets couples avoid a full trial while still working through disagreements.

Collaborative Divorce means each spouse hires a specially trained lawyer who agrees to stay out of court. The team might include financial pros and child specialists.

Everyone signs a contract promising to negotiate honestly and in good faith.

Contested Litigation is necessary when you just can’t agree on key issues. A judge makes the final calls about property, custody, and support after hearing both sides.

This divorce process option usually takes longer and costs more than the other paths.

A default divorce occurs when one spouse files and the other doesn’t respond. In that case, the court can grant the divorce and make decisions without the non-responding spouse’s input.

Cooper Trachtenberg Law Group can help you decide whether an uncontested, contested, or pro se divorce fits your situation—schedule a no-pressure strategy call today.

Traditional Divorce Litigation: When Court Is the Right Option

Litigation is the traditional courtroom route for divorce in Illinois. Each spouse has a lawyer, and the case moves through motions, discovery, hearings, and possibly a trial. 

Litigation can be essential for high-conflict cases, safety concerns, or serious financial disputes, but it is usually the most expensive and time-intensive option.

When Litigation May Be Necessary

Traditional litigation becomes essential when one spouse hides assets or refuses to share financial information honestly. The court can force disclosure and help prevent fraud.

If you fear domestic violence or abuse, the court’s protection is crucial. High-conflict situations where couples can’t communicate civilly often need divorce litigation as the only viable option.

When someone refuses to negotiate or acts in bad faith, you need a judge to step in and resolve things. Complex property division cases—think businesses, inheritance, or hidden assets—also benefit from the court’s investigative powers.

Child custody disputes in which parents can’t agree on major decisions or have safety concerns also require judicial intervention.

Pros and Cons of Litigation

Advantages of litigation:

• Legal protection through enforceable court orders
• Formal discovery to uncover hidden assets or income
• Judicial oversight when someone acts unfairly
• Clear structure with established rules and procedures

Drawbacks of litigation:

• Higher costs because of court appearances and attorney time
• Longer timeline since you’re at the mercy of court schedules
• Less privacy because court records are public
• Reduced control since judges make the final decisions
• Increased stress from the adversarial nature of the court

Traditional divorce litigation requires skilled legal representation to navigate hearings and formal procedures. The process can feel combative, but sometimes it’s the only way to get a fair shake.

Divorce Mediation in Illinois: How It Works and Who It Helps

In mediation, you and your spouse work with a neutral mediator to negotiate parenting, property, and support. The mediator doesn’t decide for you; they guide the conversation. 

Mediation often lowers costs, reduces conflict, and maintains greater privacy, making it a strong option for couples who can still communicate in a structured way.

What a Mediator Does (and Does Not Do)

Divorce mediation in Illinois involves a neutral third party who helps spouses talk things out. The mediator helps couples communicate about issues such as asset division, child custody, and support.

What mediators do:

• Guide conversations between both spouses
• Help spot areas where you agree or disagree
• Suggest possible solutions to disputes
• Keep talks focused and moving forward
• Make sure both sides get to speak

What mediators do not do:

• Make decisions for the couple
• Give legal advice
• Take sides or represent one person
• Force anyone to agree
• Act as a judge or arbitrator

The mediation process stays confidential, so whatever you say there can’t be used in court if things fall apart. Most people keep their own attorney for legal advice outside mediation sessions.

The mediator just helps you reach your own agreements—no one’s taking sides or imposing solutions.

Collaborative Divorce: A Team-Based, Low-Conflict Process

Collaborative divorce is a structured process where each spouse has a collaboratively trained lawyer, and everyone signs an agreement to resolve the case without going to court. 

Meetings focus on open information sharing and problem-solving. It suits couples who want privacy, support from a professional team, and a future-focused, low-conflict approach.

Who Collaborative Divorce Is Best For

Collaborative divorce is ideal for couples who want to keep things civil after splitting up. That’s especially important if you share kids or business interests.

The process works well for spouses who are honest about their finances and willing to cooperate. Both people need to negotiate and compromise rather than dig in their heels over every detail.

Couples who care about privacy often go this route. The collaborative process takes place outside the courtroom, so your personal information stays private.

This option suits people who want control over their own decisions. Rather than letting a judge decide, you and your spouse work with your attorneys and other pros to create solutions that fit your situation.

Each spouse has their own lawyer for legal advice, but the whole vibe is about cooperation, not conflict.

Not sure where your case fits—simple, high conflict, or somewhere in between? Talk with Cooper Trachtenberg Law Group and get a clear, Illinois-specific path forward.

Uncontested, Contested, and Pro Se Divorce: Where Do You Fit?

Not every Illinois divorce looks the same. Some couples agree on almost everything and mainly need help with paperwork. 

Others are deeply divided or need court protection. Understanding whether your case is uncontested, contested, or pro se (do-it-yourself) helps you and your lawyer choose the process that fits best.

Uncontested Divorce

In an uncontested divorce, you and your spouse agree on all the significant issues from the start—how to divide property and debts, where the children will live, how parenting time will work, and what child support or maintenance will look like. 

You’re on the same page about the outcome; you just need the court to make it official.

Judges still review your agreement to ensure it complies with Illinois law and is fair enough to approve, especially when children are involved. When the terms are already worked out, the process is usually:

• Faster – less back-and-forth, fewer court dates
• Less expensive – fewer hours of attorney time and lower court costs
• Less stressful – you’re not fighting over every detail

Even in an uncontested divorce, it’s smart to have at least one lawyer draft or review the paperwork. 

A short legal review can prevent mistakes with retirement accounts, real estate, parenting time, or tax issues that would be expensive or impossible to fix later.

Contested Divorce

A contested divorce simply means you and your spouse do not agree on one or more issues—maybe how to divide the house, how much support should be paid, or what a parenting schedule should look like.

 “Contested” doesn’t automatically mean you’ll end up in a long, ugly trial, but it does mean there is real work to do.

Those disagreements can be resolved in different ways:

• Direct negotiation between lawyers
• Mediation, where a neutral mediator helps you talk through options
• Collaborative meetings, if you choose a collaborative divorce process
• Court hearings, and sometimes a trial, if a settlement isn’t possible

Many Illinois divorces begin as contested and still end in a negotiated settlement. The key is choosing a process that provides enough structure and protection without escalating conflict unnecessarily.

Pro Se Divorce (Representing Yourself)

In a pro se divorce, you represent yourself without hiring an attorney. You file the forms, track deadlines, communicate with the court, and present your own documents and arguments. 

Illinois offers standardized forms and basic guidance, but you’re still expected to follow the same rules of procedure and evidence that lawyers follow.

Pro se divorce can be workable in straightforward cases—for example, a short marriage with no children, no real estate, and few assets or debts. Even then, it takes time and patience to navigate the system.

In most other situations, the risk is that you don’t know what you don’t know. Missing a required form, agreeing to unclear language, or overlooking a tax or retirement issue can cost far more than the fee for a lawyer to advise you. 

Cost, Time, Privacy, and Control: Comparing Your Divorce Options

Every divorce method comes with its own price tag, timeline, and level of control for the people involved.

Litigation is usually the priciest route. Attorney fees pile up fast once things head to court.

The process can stretch out for months, sometimes even years, especially if spouses can’t agree on the big stuff. Court proceedings go on public record, so anyone curious enough can dig up the details.

Judges call the shots in the end, and that means spouses don’t get much say over the outcome. It can feel like handing over your life’s decisions to a stranger in a robe.

Mediation costs a lot less than fighting it out in court. Mediation typically involves fewer court appearances and less attorney time, which reduces legal fees.

Most couples wrap up mediation in just a few months. Sessions stay private and confidential, so there’s no public airing of grievances.

Spouses work together to sort things out, which gives them more control over the terms of their split. It’s not for everyone, but those who can talk things through usually find it less stressful.

Collaborative divorce sits somewhere in the middle in terms of cost. Each spouse brings in their own attorney, and sometimes you’ll see financial experts or divorce coaches join the mix.

That makes it pricier than mediation, but it’s still usually cheaper than a courtroom battle. The timeline really depends on how quickly both sides can hammer out agreements.

Like mediation, collaborative divorce requires transparency among all parties and keeps everything confidential. Couples retain full control over decisions rather than leaving it all to a judge.

Uncontested divorces where both parties agree on all terms move the fastest and cost the least. If you can swing it, this route saves a lot of headaches.

How to Choose the Best Divorce Option for Your Situation

Picking the right divorce path hinges on how much conflict there is and whether you can talk through the tough stuff. Money and emotional readiness play a big part too—sometimes more than people expect.

Key Questions to Ask Yourself

Before you pick a method, take a hard look at your relationship dynamics. Communication breakdowns or significant disputes may require litigation, while couples who can still talk respectfully might do better with mediation or collaborative divorce.

Money matters when choosing a process. Out-of-court options like mediation and collaborative divorce typically cost thousands or tens of thousands of dollars less than going to court. 

These methods take fewer billable hours, and couples can split the cost of the professionals involved.

Think about where you’re at emotionally and what you want after the dust settles. If you’re hoping to keep things civil for the kids, mediation or collaborative divorce might make more sense.

Parents who want to avoid ugly courtroom fights usually lean toward less adversarial options. It’s not always possible, but it’s worth considering.

If there’s domestic violence, hidden assets, or a big power imbalance, litigation might be necessary. Sometimes, you just need the court to step in and protect your rights or safety.

When to Talk to an Illinois Divorce Lawyer About Your Options (and What to Ask)

Chatting with a family law attorney early on helps you understand your rights and sidestep expensive mistakes. Knowing what questions to ask during that first meeting makes it easier to get the info you really need.

Questions to Ask at Your First Meeting

Ask the attorney about their experience with cases like yours. How many divorce cases have they handled? What percentage involved mediation instead of litigation?

Get clear on all fee structures right away. What are their hourly rates and retainer amounts? What do those fees actually cover?

Some attorneys bill mediation work differently from court appearances. Don’t be shy—ask about that up front.

What is to be expected during the process? It’s fair to ask about divorce timelines and what’s realistic for your situation.

How does the attorney communicate? Do they respond quickly, and who will answer your day-to-day questions?

If you have kids, bring up custody arrangements and parenting plans. Property division and spousal support are also worth clarifying—what outcomes seem likely?

Not sure whether to try mediation, collaborate, or go straight to litigation? Ask the attorney which one best fits your situation. A candid attorney will share the pros and cons for your circumstances—at least, they should.

If you’re debating mediation, collaborative divorce, or litigation, Cooper Trachtenberg Law Group can walk you through real-world pros and cons before you choose. Contact us now.

Frequently Asked Questions 

What is the difference between an uncontested and a contested divorce in Illinois?

In Illinois, an uncontested divorce means the spouses have already agreed on property, parenting, and support. A contested divorce means some disagreements must be resolved through negotiation, mediation, collaborative sessions, or court hearings. 

Is an uncontested divorce always the cheapest option?

Uncontested divorce is often the cheapest option because there is less conflict, fewer court dates, and less attorney time. It is not automatically the least expensive, though. 

Can a contested divorce become uncontested later?

Yes. A contested divorce can become uncontested once spouses reach an agreement on all issues. As you exchange information, negotiate, or mediate, disagreements may narrow. When everything is resolved, the case typically shifts from a litigation posture to submitting a written settlement for the court’s review and approval.

When is pro se divorce a realistic option in Illinois?

Pro se divorce is most realistic in straightforward Illinois cases: no children, no real estate, few assets or debts, and cooperative communication. You must still handle forms, deadlines, and court rules yourself. 

What are the risks of handling my divorce without a lawyer?

Handling a divorce without a lawyer risks missing forms, using vague language, undervaluing assets, and overlooking tax or retirement issues. Courts usually enforce signed agreements even if they’re unfavorable. 

How do I know if my case is truly uncontested?

Your case is truly uncontested only if you and your spouse agree on every major term: property, debts, parenting time, decision-making, child support, and maintenance. If any of these are unresolved or “we’ll decide later,” you are in a low-conflict contested case and may benefit from mediation or negotiation.

Can I start pro se and then hire a lawyer later?

You can start a divorce pro se and hire a lawyer later, but waiting too long can limit what your attorney can fix. Involving counsel earlier makes it easier to correct paperwork, adjust strategy, and protect your rights, rather than rushing at the last minute before a critical deadline or hearing.