Do You Have to Go to Court to Get Divorced?

By Benton Page, Family Law Attorney

One of the most common questions I hear is, "Are we going to have to go to court?"

The answer is yes. Every divorce goes through the court in some way. But for many people, that involvement is minimal. More and more couples are choosing to resolve their differences outside the courtroom, often through mediation or negotiation. When both people are willing to communicate and work together, the process is usually much smoother – and much cheaper – than expected.

Mediation

If you and your spouse do not agree on everything but want to avoid a courtroom fight, mediation can help. A neutral third party helps guide the conversation so you can work through the difficult topics and find common ground. You both stay in control of the outcome.

If mediation is successful, I can take that agreement and prepare the necessary paperwork. Once submitted, the court reviews it and finalizes the divorce, usually without the need for a hearing.

Negotiation

For many couples, negotiation with their attorneys is the most effective path forward. It allows both sides to work through the details privately and come to an agreement that feels fair.

We begin by gathering the key information. That includes income, assets, debt, and any parenting concerns. Once we have a clear picture, we talk about your goals and what matters most to you.

We then work directly with your spouse’s attorney to try to reach a full agreement. These conversations are flexible and respectful, and they often lead to creative solutions that would not be possible in court. Once we reach an agreement you are happy with, I handle the paperwork and file it with the court. A judge reviews everything, and if it meets the legal requirements, your divorce is finalized without a hearing. If we can’t resolve every issue, we still come away with a clear understanding of where things stand. That helps us move into the next steps with focus and direction.

Negotiation gives you more control and helps avoid the time, cost, and stress that often come with litigation. It is one of the most practical and respectful ways to handle divorce in Illinois.

When Court Becomes Necessary

Sometimes court is the right path. If one person is hiding assets, refusing to cooperate, or if there is a history of abuse, the courtroom provides the structure and protection needed to move forward safely. In those cases, I make sure my clients are fully supported every step of the way.

But most divorces do not end up there. With the right approach, many people are able to resolve everything through preparation, conversation, and careful planning.

Whatever your situation may be, it is often possible to move through this process in a way that feels calm and manageable. If you are considering divorce and want to understand your options, I am here to help. I will walk you through each step, help you build a plan that reflects your goals, and make sure you always know what to expect.