Divorce Trials in Illinois: What You Need to Know

 Posted on July 02, 2026 in Divorce

Before a divorce can be completed, spouses must address multiple issues, including the division of marital assets and debts, parental responsibilities, parenting time, and spousal support. Some spouses reach a decision through methods like mediation. Others can negotiate a settlement through their attorneys. However, when all else fails, a divorce case may advance to trial.

Whether you have just filed for divorce or you are well into the process, it is important to know how divorce trials work in Illinois. At Goostree Law Group, our St. Charles, IL divorce attorneys have decades of experience. We are highly familiar with contested divorce proceedings, and we are more than prepared to represent you at trial.

How Do You Begin the Divorce Process in Illinois in 2026?

Filing for divorce in Illinois starts with submitting a Petition for Dissolution of Marriage to the circuit court in the county where you or your spouse lives. The petition sets out the grounds for divorce, which in Illinois is only irreconcilable differences, along with basic information about the spouses and any children. Once the petition is filed, your spouse must be formally notified through a legal process called "service of process." 

A summons must be served by a sheriff or a licensed process server (735 ILCS 5/2-202). If you filed, you cannot serve the documents yourself. Your spouse then typically has 30 days to respond after being served.

If personal service cannot be completed, the court may allow alternative approaches, such as service by publication, though this option requires additional time and court approval. Getting these early steps right is crucial. Errors in service of process can delay your case or create complications that carry through the rest of the proceedings.

When Is a Trial Necessary to Resolve an Illinois Divorce?

Most divorces settle before a judge hears any arguments in a courtroom. When both spouses agree on property division, debts, parenting time, and support, they can just submit a settlement agreement for the court to approve.

A trial becomes necessary when the parties cannot reach that kind of agreement on their own. This can happen when one spouse controls most of the finances and the other has little access to records or accounts. Likewise, when there is a history of abuse, coercion, or intimidation, negotiation may be impossible or unsafe.

Some spouses also hide assets, drag out the process, or use children as leverage. Others simply refuse to engage honestly, no matter how many attempts are made to resolve things outside of court. In those situations, a trial might be the only way to reach a fair outcome.

What Happens Before a Divorce Trial?

Before a divorce goes to trial, the attorneys will gather all the relevant facts and information. There may be depositions, requests for production of documents, interrogatories, and more. The attorneys will use the information to develop their arguments.

Many divorce cases resolve before the trial actually begins. A settlement may be reached at any point in the divorce process. Additionally, the attorneys will have an opportunity to meet with the judge during pre-trial conferences where the judge may suggest various solutions to the unresolved issues. However, if a settlement is not reached on the disputed issues, the case will advance to trial.

How Are Divorce Trials Handled in the Courts?

Divorce and family law cases are civil matters. There is not a jury like there is in a criminal trial. Each spouse’s attorney presents their case and advocates for their client’s desired outcome. The attorneys may present evidence like financial documents, child-related reports, photographs, text messages, and more.

Attorneys may call witnesses to the stand to testify. For example, character witnesses may testify about a spouse’s parenting ability or domestic violence history. Expert witnesses may testify about complex elements of the divorce case such as real estate appraisal or child custody evaluations. The attorneys will have the opportunity to cross-examine the other side’s witnesses and ask them additional questions.

At the end of the trial, the judge will evaluate all of the testimony and evidence and make a decision. The divorce judgment is usually final. However, it may be possible to appeal the judge’s decision in very limited circumstances.

How Long Does a Divorce Trial Take?

The length of a divorce trial depends on how complicated the issues are. A more straightforward contested case may wrap up in a day or two of court time. Cases involving significant assets, custody disputes, or conflicting expert testimony can stretch across multiple hearings over several months. Moreover, available hearing dates can be limited in busy counties.

Outside of the courtroom, the preparation phase can take just as long as the proceedings themselves. Working with an attorney who knows how to build a case can help keep the process moving forward.

What Are the Most Common Issues in a Contested Divorce?

Contested divorces tend to center on a few recurring issues. Property division is often the first major battleground. First, the court has to identify what is marital property and what belongs to one spouse individually. Once all marital property has been listed and categorized, the court must divide it according to Illinois’ equitable distribution laws. That process can get complicated when real estate, retirement accounts, or business interests are involved.

Spousal maintenance, or alimony, is another common source of conflict. Illinois courts weigh a number of factors when deciding whether alimony is appropriate and for how long. Disagreements tend to run deep in marriages where one spouse gave up a career or earning potential to raise children or support the other's professional life.

Parenting time and the allocation of parental responsibilities are often the most emotionally difficult issues. These decisions directly affect children's daily lives, and both sides usually feel strongly about the outcome. Each of these areas requires careful documentation and a clear legal strategy.

Contact a Kane County, IL Divorce Lawyer

If you are getting divorced, you need an experienced, knowledgeable legal advocate by your side. At Goostree Law Group, our St. Charles, IL family law attorneys know that some divorce cases cannot be resolved through negotiation or mediation. We are fully prepared to represent you in court. Call us today at 630-584-4800 for a free, confidential case assessment.