Can We Get Divorced Without Going to Court?

 Posted on November 30, 2025 in Divorce

If you and your spouse want to get divorced but avoid a long, ugly courtroom battle, you have options. Illinois law allows for several ways to get divorced outside of traditional court litigation. 

At Pesce Law Group, P.C., our DuPage County divorce attorneys are experienced in mediation and other divorce strategies. If your goal is to stay out of court, we can help.

What Is an Uncontested Divorce?

An uncontested divorce means both spouses agree on all major issues including property division, spousal maintenance, and, if you have children, custody and support arrangements. You work together to create a marital settlement agreement that addresses everything.

Illinois law under 750 ILCS 5/401 allows uncontested divorces when you both agree the marriage has irretrievably broken down. Many counties in Illinois, including DuPage County, allow certain uncontested divorces to be finalized without either party appearing in-person before a judge. Your attorneys submit all paperwork, and the judge reviews and approves it. You may have to attend a remote prove-up session. 

Uncontested divorce is generally the fastest and least expensive option. It typically only takes a few months from filing for divorce to get the final judgment. Legal fees are much lower because attorneys are not preparing for trial, conducting discovery, or filing motions.

How Does Divorce Mediation Work?

Mediation involves working with a neutral mediator who facilitates talks between you and your spouse to help reach agreements. The mediator does not represent either party or make decisions. Their role is to guide productive conversations and help you find common ground.

Court-approved mediators like Attorney Pesce frequently help couples resolve custody and visitation matters. Mediation for these issues focuses on creating parenting plans that serve children's best interests. Financial matters like property division and support can also be mediated.

Some couples work with just the mediator while others bring their lawyers to give them legal advice during sessions. After you agree on everything, attorneys write up the settlement agreement.

What About Collaborative Divorce?

Collaborative divorce involves both spouses and their attorneys signing a participation agreement committing to resolve everything outside court. If either party decides to litigate, both collaborative attorneys have to stop representing their clients. This is meant to incentivize everyone to reach a settlement through collaboration.

The collaborative process often includes other professionals like financial specialists who analyze assets, or child specialists who help with parenting plans. Everyone works together to try to find a solution that works for both parties.

Collaborative divorce works well for couples with complex financial situations or those who want professional guidance throughout the process. It provides more structure and support than basic mediation while still avoiding court.

Do We Still Need Lawyers If We Avoid Court?

Even in uncontested divorces and mediation, having a lawyer protects you. Your attorney ensures that your agreement complies with Illinois law, addresses all necessary issues, and fairly reflects your rights. You and your spouse each need your own attorney.

Attorneys also handle all paperwork and filings with the court. Even uncontested divorces require proper petitions, financial disclosures, and judgments.

Call a DuPage County, IL Divorce Attorney Today

Contact Pesce Law Group, P.C. at 630-352-2240 for a free consultation about your divorce options with one of our Naperville, IL divorce lawyers. Attorney Pesce has almost two decades of legal experience and is court-approved in DuPage County to serve as a mediator in custody and visitation matters.