Common Disputes in Contested Divorces

 Posted on October 14, 2025 in Divorce

In most cases, a divorce with minimal conflict is ideal in terms of time and money saved. Unfortunately, life can get in the way of planning an uncontested divorce when disputes arise over certain issues. If you are going through a contested divorce, reach out to a Wheaton, IL divorce attorney for legal assistance and counsel.

At Roberts PC, we have over 40 years of experience representing clients in complex family law matters. We will work hard to keep costs down in your divorce, working hard to resolve the contested issues without the need for litigation. However, if there is no other way to protect your best interests, we are just as willing to take your case to trial.

Three Common Reasons for Contested Divorces

Ownership of Property

In a divorce, assets are usually categorized as "marital" or "separate." Although this may seem straightforward, it can be difficult to determine whether or not an asset belongs to you or if it is shared with your spouse (and therefore subject to division). To determine whether or not an asset is marital or separate property, the courts may look at:

• When the asset was acquired

• Whether one or both spouses contributed to its increase in value

• Whether the asset is excluded in a valid prenuptial or postnuptial agreement

Our lawyers can help you negotiate for property and present evidence showing that it belongs to you, such as receipts or financial statements.

Parenting Time Schedules

When parents divorce, they will have to submit a document known as a parenting plan to the courts outlining how child custody will be handled. This includes provisions for parenting time, which decides who has access to the child throughout the year (750 ILCS 5/602.7).

Parents may disagree about how parenting time should be divided, especially if there is a significant distance between their residences. The child’s wishes may also have to be considered depending on his or her age and maturity. In many cases, disputes over parenting time can be resolved outside of court through mediation, where a neutral third party can propose creative solutions to satisfy all parties.

Validity of Marital Agreements

Many engaged and married couples sign marital agreements to protect their assets and simplify the divorce process if the marriage does not work out. However, if one spouse takes issue with the terms of the prenuptial or postnuptial agreement, it could result in a lengthy legal dispute.

Once signed, marital agreements are legally binding documents. That being said, there are some circumstances where a judge can choose not to enforce it, though the burden is on the objecting spouse to show why the document should not be enforced. For instance, if the objecting spouse can prove that the agreement was signed under duress, the court may choose not to honor it. Our lawyers can represent you in these legal proceedings and build a case for an ideal outcome.

Meet With an Oak Brook, IL Family Law Attorney

At Roberts PC, we know how to handle disputed divorces. To schedule a free initial consultation with one of our Wheaton, IL divorce lawyers, call us at 630-668-4211 today.