Are both spouses required to agree before a divorce can be finalized? No. A contested divorce is a divorce case in which the spouses do not agree on one or more material issues, so the court must resolve the dispute. The disagreement may involve property division, parental responsibilities, parenting time, child support, spousal maintenance, allocation of debts, or attorney fees. If every issue is resolved by agreement, the case is uncontested; if even one major issue remains disputed, the divorce is contested.

In practical terms, a contested divorce usually lasts longer, costs more, and requires more formal court involvement. That can include written discovery, subpoenas, financial disclosures, temporary orders, settlement conferences, and, if no agreement is reached, a trial. In Illinois, divorce procedure is governed primarily by the Illinois Marriage and Dissolution of Marriage Act, 750 ILCS 5. Illinois is a no-fault divorce state: the ground is irreconcilable differences, and a separation of at least 6 months creates a presumption that those differences are irreconcilable under 750 ILCS 5/401(a-5).

A contested divorce can directly affect money tied to an injury case. If one spouse has a pending personal injury claim or settlement, the court may have to decide whether the proceeds are marital property, non-marital property, or mixed, depending on what the money compensates and when it was acquired. That classification can change the final financial outcome significantly.