Is It Worth Going to Court for a Gray Divorce?

 Posted on June 27, 2025 in Divorce Over 50

When it becomes clear that your marriage is no longer working, it may be time to start thinking about divorce. Of course, every couple is unique, and it is up to you to decide how you want to go about ending yours. Some couples prefer handling things through a settlement, while others may turn to the courts to resolve outstanding issues. If you are not sure which route to pursue, an Illinois divorce attorney can review your situation and advise you of your options.

At Divorce Over 50 - Goostree Law Group, we know how complicated divorce past the age of 50 can be. If you are considering taking your spouse to court in your divorce, you should know the risks involved. Our family law attorneys can protect your best interests through skilled negotiation and litigation, making sure that your needs are not overlooked.

Is Your Divorce Contested or Uncontested?

A divorce is referred to as "contested" when there are points of disagreement about the terms of the divorce. As you might expect, an uncontested divorce refers to a divorce where both spouses agree on most issues.

In general, uncontested divorces tend to be quicker and less expensive than contested divorces. Settling an uncontested divorce outside of court may be advantageous if you want to protect your assets by avoiding excessive legal fees. However, if there are important issues that you absolutely cannot compromise on, you could consider going to court.

At Divorce Over 50 - Goostree Law Group, we can pursue the most efficient solution for you, keeping your retirement goals in mind.

Key Issues in Your Divorce

Before you proceed to litigation, you should think about the key issues in your divorce. As mentioned previously, going to court can come with significant legal fees. If it is at all possible to resolve your issues outside of court, it may be in your best interests to do so. Issues in gray divorces may include:

• The division of retirement assets

• The division of the marital home and other real estate

• Child support for disabled adult children or children enrolled in college

• The allotment of alimony

At Divorce Over 50 - Goostree Law Group, we will take the time to understand your priorities. We can help you plan for your gray divorce and strategize for an ideal outcome.

Mediation as an Alternative to Litigation

Even if there are major points of contention in your divorce, you do not necessarily have to go to court. There are many ways to resolve the issues in a gray divorce without litigation. One such method is mediation. In this setting, you and your spouse can discuss your issues with an unbiased third party who can help you reach a resolution that can serve both of your respective interests.

At the end of the day, nobody knows your marriage better than you and your spouse. Mediation can be advantageous because it allows you to come to a mutual agreement, rather than leaving decisions up to a judge.

Contact a Kane County, IL Gray Divorce Lawyer

No two divorces are exactly alike. At Divorce Over 50 - Goostree Law Group, our Yorkville, IL family law attorneys are here to look out for your unique needs, whether that involves going to court or not. Call our offices at 630-634-5050 to set up a free consultation.