Do You Have To Go to Court for a Divorce in Illinois?

 Posted on December 20, 2025 in Divorce

In Illinois, every divorce is handled through the court system, but that does not always mean spending time in a courtroom. Some cases move forward with very limited court involvement, while others require formal hearings. The first step is speaking with an Arlington Heights, IL divorce lawyer. At Law Offices of Donald J. Cosley, we can help you find the right avenue to divorce based on the details of your case.

Can I Get Divorced Without Going to Court in Illinois?

Many Illinois divorces involve little or no time in the courtroom. When both spouses agree on all major issues, the case is considered uncontested. This lets the court know that you agree on how you will divide everything from custody to property.

Illinois law allows couples to resolve these issues through a written settlement agreement. Under 750 ILCS 5/502, a judge may approve your agreement as long as it is fair and reasonable. Once approved, the court can enter the final divorce judgment without a lengthy hearing. In some cases, only a brief appearance is required, or the matter may be handled through documents, depending on local court rules.

When Do You Need To Go to Court for a Divorce in Illinois?

Court appearances are more likely when there are disagreements that cannot be resolved on your own. Judges are responsible for deciding disputed issues and making sure the law is followed.

You may need to go to court if your divorce involves issues such as:

• Disputes over parenting responsibilities or parenting time

• Disagreements about spousal support or child support

• Conflicts about how marital property or debt should be divided

For example, when parents cannot agree on decision-making authority, the court must decide these issues based on the child’s best interests under 750 ILCS 5/602.5. Financial disputes may also require the court to determine whether maintenance should be awarded under 750 ILCS 5/504. These situations usually involve at least one formal hearing.

What If Your Spouse Refuses to Cooperate During Divorce?

When one spouse refuses to cooperate, court involvement is typically a necessity. Maybe they fail to respond to divorce papers, miss deadlines, or refuse to negotiate. Courts have procedures in place to address delays and keep cases moving forward.

Illinois is a no-fault divorce state, and that means divorce may be granted based on irreconcilable differences once legal requirements are met. Even if one spouse is uncooperative, the divorce can still proceed. However, a lack of cooperation often leads to more hearings and a longer process.

Do You Need a Lawyer for an Uncontested Divorce in Illinois?

You are not required to hire a lawyer for an uncontested divorce, but it is the best way to ensure your divorce agreement is fair and enforceable. Divorce documents must be completed accurately, and settlement agreements should clearly reflect your rights and responsibilities.

A lawyer can review the agreement, explain how Illinois law applies to your situation, and help reduce the risk of future disputes. This may also help limit the need to return to court after the divorce is finalized. An experienced lawyer will also be familiar with possible issues that could hypothetically happen in the future, even when these are things you might never have considered.

Contact a Rolling Meadows, IL Divorce Attorney Today

Our Arlington Heights, IL divorce lawyer can help you understand what to expect and how to prepare for your divorce. Attorney Don Cosley will work directly with you, handling your case from start to finish. Your questions will be answered by the lawyer responsible for your representation, not passed along to staff members. If you are considering divorce and want clear guidance on the process, contact Law Offices of Donald J. Cosley today at 847-253-3100 to schedule your free consultation.