Pesce Law Group, P.C.

FREE CONSULTATIONS 630-352-2240

Naperville | Oak Brook | Burr Ridge | Lake Forest | St. Charles

Contested and Uncontested Divorce Lawyers in Oak Brook, IL

DuPage County Attorneys for Uncontested and Contested Divorce Matters

Many divorces in Illinois are "contested," at least to some degree. That being said, a no-fault divorce may be an option in many situations. This procedure may reduce some of the emotional drama commonly associated with many family law matters.

Pesce Law Group, P.C. attorneys routinely handle a wide range of divorce and family law matters. We employ proven methods that produce cost-effective results for many families throughout Illinois. Whatever your goal, and whatever your timetable, our dedicated lawyers can craft an aggressive strategy that protects your legal and financial rights.

Uncontested Divorce

According to Section 410 of the Illinois Marriage and Dissolution of Marriage Act, a filing spouse can obtain a divorce if "irreconcilable differences have caused the irretrievable breakdown of the marriage and the court determines that efforts at reconciliation have failed or that future attempts at reconciliation would be impracticable and not in the best interests of the family." An action under Subsection 2 can be filed at any time. Prior to recent changes to the law in Illinois, the parties were required to live apart for at least two years before the judge could grant a divorce. The spouses could reduce the waiting period to six months by waiving the two year requirement by written agreement. Such a separation is no longer required, and an uncontested divorce can proceed immediately.

In practical terms, there is no legal defense to a no-fault divorce. If the non-filing spouse insists that the marriage is salvable, a judge will consider such disagreement, as well as a six-month period of living separate and apart, as evidence of irreconcilable differences.

Contested Divorce

For many years, those seeking a divorce in Illinois had the option of filing for an evidence-based divorce. For example, the no-fault waiting period may have been too long, or the spouse may have had religious motivations to seek a fault-based divorce based on:

  • Adultery,
  • Impotency,
  • Desertion of at least one year,
  • "Extreme and repeated physical or mental cruelty,"
  • Alcohol or drug addiction lasting at least two years,
  • Conviction of a felony or other "infamous crime," and
  • Infecting the other spouse with a sexually transmitted disease.

The same law changes that removed the two-year separation requirement also eliminated fault-based grounds for divorce in Illinois. It is, however, still possible to contest a no-fault divorce, though doing so can be very difficult and, in some cases, counter-productive. Our experienced lawyers can help you choose the course of action that best suits your unique situation.

An Illinois spouse may pursue either a contested or an uncontested divorce. For a free consultation with an aggressive family law attorney, contact Pesce Law Group, P.C. at 630-352-2240.

Related News

Read More
Making Birdnesting Work in Illinois
Making Birdnesting Work in IllinoisThere are many different ways a child custody arrangement can be settled. One parent might be granted full custody. One might be granted no nights at all with their child and infrequent visitation. A couple could also have complete joint custody, in which case they...
Can I Modify My Parenting Plan in Illinois?
Can I Modify My Parenting Plan in Illinois?When parents in Illinois get a divorce, they end their divorce proceedings with a legal document, called a parenting plan, that sets out both spouses’ parental rights and responsibilities. Essentially, it is an outline of how they will continue to care for their children once...
What Goes into Determining Parenting Time?
What Goes into Determining Parenting Time?Deciding on a parenting time schedule that is in the child's best interest is one of the most important and often challenging aspects of child custody cases. Illinois courts rely on several factors when making determinations about parenting time arrangements. If you have any concerns or need...
Back to Top