What Happens If One Spouse Changes Their Mind in an Uncontested Divorce?

 Posted on December 15, 2025 in Divorce

An uncontested divorce can seem like a simple and peaceful path forward. Both spouses agree on the important issues, and the process usually moves faster. However, it is possible for this type of case to change.

If one spouse reconsiders their decision or becomes unsure about the agreement, the process may shift into a contested divorce. When this happens, it can create new steps, new timelines, and new challenges. Speak with our Cook County, IL divorce attorney to find out what you should do when your uncontested divorce becomes contested.

Can an Uncontested Divorce Still Become Contested in Illinois?

An uncontested divorce can become contested at almost any point in the process. Illinois law requires both spouses in an uncontested divorce to agree on every major issue. This includes property division, spousal support, parenting time, and decision-making responsibilities. If one spouse no longer agrees, the case cannot continue as uncontested.

The Illinois Marriage and Dissolution of Marriage Act is what governs the divorce process. For example, 750 ILCS 5/401 outlines the legal grounds and requirements for divorce. The court needs proof that both spouses consent to the terms. If one person withdraws consent, the judge must treat the case as contested. This does not stop the divorce from moving forward, but it does change the steps the court will take.

Common Reasons People Change Their Minds During an Uncontested Divorce

People change their minds during a divorce for many different reasons. It’s a major life event that can bring new concerns to the surface as the process moves along. Some of the most common reasons for the switch include:

• Feeling uncertain about long-term financial decisions

• Wanting more time to review the parenting plan

• Learning new information about income or assets

• Realizing that an asset may have been overlooked or valued incorrectly

• Worrying that the original agreement was made too quickly

• Feeling emotional stress that makes decision-making more difficult

Illinois courts follow 750 ILCS 5/503 when dividing property. This statute explains how judges classify marital and nonmarital assets and how they evaluate each spouse’s financial circumstances. If a spouse discovers new financial details or feels unsure about the terms, they may need to pause the process and reconsider the agreement.

Can a Spouse Back Out After the Divorce Papers Are Filed?

Filing the divorce papers does not lock either spouse into an agreement. Until the judge signs the final judgment, either spouse can make changes or withdraw consent. Some spouses back out before the first court hearing. Others wait until they review the settlement documents and notice details they did not expect.

Even if both spouses sign a settlement, the court still reviews it. Judges must ensure the agreement is fair and meets Illinois legal requirements. For example, 750 ILCS 5/502 explains how settlement agreements are handled. If the court finds problems or if a spouse raises concerns before final approval, the process may shift into a contested divorce. Once that happens, the timeline can extend. Discovery, hearings, and negotiations may be needed to resolve the issues.

Schedule a Free Consultation With a Chicago, IL Divorce Attorney Today

At The Law Office of George J. Skuros, our team is here to help you understand your rights and options with clarity. We offer support at every stage of the process and work to help you make informed decisions that protect your future. Contact us today at 312-884-1222 to schedule a free consultation with our Cook County, IL divorce lawyer and learn how we can assist you with your Illinois divorce.