Should You Take Your High-Asset Divorce to Litigation?

 Posted on June 11, 2026 in Property Division

Even in the best of circumstances, divorce can be a massive undertaking. What happens, though, when you feel like you are dealing with the worst of circumstances? How do you handle a spouse who refuses to compromise during negotiations? What recourse do you have if you suspect asset hiding or depreciation during your divorce?

Some parties choose to take such complex matters to litigation, but it is not the best option for everyone. Regardless of the path you choose, a seasoned and competent Wheaton, IL divorce attorney can help protect your interests. As a former Assistant State’s Attorney, Dion U. Davi of Davi Law Group has years of legal experience.

Negotiation Versus Litigation in a 2026 Divorce

Although there are many ways to approach divorce, cases are typically settled in one of two ways: through negotiation or litigation. Negotiated divorces are those in which parties compromise and agree upon specific terms (often through mediation or informal talks). Litigation is when a case is heard by the court, and a judge determines the outcome. A divorcing couple must weigh the benefits of either approach before proceeding.

On the one hand, negotiation gives the divorcing parties more power over the outcome. Negotiated divorces also typically cost less than litigated divorces. In high-asset divorces, they can be particularly problematic. Asset hiding and depreciation are common in such cases, as is financial abuse. When that is the case, the divorce is typically best handled by the courts.

Is It Better to Settle Your Divorce?

In some cases, it will become apparent that a litigated divorce is the better option. Not all cases are that straightforward. Some parties want to drag out the negotiation process for as long as possible, hoping they can prevent it altogether. 

Ultimately, the right choice depends on your own circumstances. Ask yourself – do you have the time, money, and energy to go through litigation? Are you willing to compromise on some issues to avoid a drawn-out conflict? These kinds of questions should guide your decision to go to trial or settle outside of court.

Situations Where Divorce Litigation May Be Necessary

Most divorce cases in Illinois settle without going to trial. When the issues are too complicated, the stakes are too high, or one spouse refuses to cooperate in good faith, litigation becomes necessary.

Disputes About Spousal Support

Spousal support, sometimes called maintenance or alimony, can become one of the most contested issues in a divorce. Under Illinois law, courts consider factors like the length of the marriage, each spouse's income and earning potential, and the standard of living established during the marriage when making decisions about support (750 ILCS 5/504). 

When spouses cannot agree on whether support should be paid, how much it should be, or how long it should last, a judge will have to decide. That is especially true when one spouse minimizes their income or refuses to provide honest financial records.

Complex Property Division and Valuation

Illinois divides marital property based on what is equitable, which does not always mean equal. When assets include a business, investment accounts, real estate, or retirement funds, valuation becomes a serious task. 

Spouses often disagree about what something is worth or whether it qualifies as marital property at all. In those situations, litigation gives both sides the ability to present evidence, call experts, and ask the court to make a fair determination.

Uneven Financial Dynamics

When one spouse controlled most of the finances during the marriage, the other could enter divorce at a real disadvantage. They may not know what accounts exist, what debts were taken on, or what the marital estate is actually worth. 

Going to court levels that playing field. The litigation process allows attorneys to subpoena records, depose witnesses, and uncover financial information. Without it, that information might otherwise stay hidden.

Dissipation is another concern in these situations. It occurs when one spouse wastes or misuses marital assets after the marriage has broken down. The spouse who was kept out of the finances may not even realize it is happening until well into the divorce process.

The Importance of Discovery in a High-Asset Divorce

Discovery is the formal process of gathering financial information from both sides. In a high-asset divorce, it is one of the most important stages of the entire case.

When significant wealth is involved, full financial disclosure rarely happens on its own. One spouse may have managed most of the finances during the marriage. The other could have little idea what accounts, properties, or business interests exist. Discovery can help close that gap. Attorneys can send written questions, request documents, and take depositions under oath. Courts can compel a spouse to produce records they might otherwise withhold.

This process can uncover hidden assets, undisclosed income, inflated debts, or undervalued property. Forensic accountants and financial experts are often brought in to review complex records and calculate accurate values. The goal is to build a clear, honest picture of the marital estate before any decisions are made about how to divide it.

Skipping or rushing discovery can leave one spouse with far less than they are entitled to. In a high-asset case, that difference can be significant.

How Long Does a Litigated Divorce Take?

A litigated divorce in Illinois takes longer than one that settles out of court. The timeline depends on how complicated the issues are and how willing both sides are to move the process forward.

A straightforward contested divorce could take several months to reach a resolution. A high-asset case involving business valuation, real estate, retirement accounts, and custody disputes can take a year or more. Discovery alone can be a lengthy process when financial records are extensive, or one spouse is uncooperative.

Court schedules also play a role. Motion hearings, pretrial conferences, and trial dates are set based on the judge's availability and docket. Delays are common. Understanding the timeline helps clients plan. 

Contact Our Wheaton, IL Divorce Lawyers

At Davi Law Group, we work hard to preserve the best interests of our clients. Our seasoned DuPage County, IL family law attorneys are skilled at providing sound legal counsel in negotiations and aggressive representation in litigation. We can examine your situation and explain your options. Schedule your personalized consultation to get started. Call our offices at 630-657-5052 today.