Contested Divorce & Uncontested Divorce
X

Naperville

Oak Brook

Burr Ridge

Lake Forest

Contested and Uncontested Divorce Lawyers in Oak Brook, IL

DuPage County Attorneys for Uncontested and Contested Divorce Matters

Many divorces in Illinois are "contested," at least to some degree. That being said, a no-fault divorce may be an option in many situations. This procedure may reduce some of the emotional drama commonly associated with many family law matters. However, for various reason(s), some filing spouses may decide to pursue an evidence-based divorce. Although the outcome - dissolution of marriage - is the same, the process is very different.

Pesce Law Group, P.C. attorneys routinely handle a wide range of divorce and family law matters. We employ proven methods that produce cost-effective results for many families throughout Illinois. Whatever your goal, and whatever your timetable, our dedicated lawyers can craft an aggressive strategy that protects your legal and financial rights.

Uncontested Divorce

According to Section 410 of the Illinois Marriage and Dissolution of Marriage Act, a filing spouse can obtain a divorce if "irreconcilable differences have caused the irretrievable breakdown of the marriage and the court determines that efforts at reconciliation have failed or that future attempts at reconciliation would be impracticable and not in the best interests of the family." An action under Subsection 2 can be filed at any time. Prior to recent changes to the law in Illinois, the parties were required to live apart for at least two years before the judge could grant a divorce. The spouses could reduce the waiting period to six months by waiving the two year requirement by written agreement. Such a separation is no longer required, and an uncontested divorce can proceed immediately.

In practical terms, there is no legal defense to a no-fault divorce. If the non-filing spouse insists that the marriage is salvable, a judge will consider such disagreement, as well as a six-month period of living separate and apart, as evidence of irreconcilable differences.

Contested Divorce

For many years, those seeking a divorce in Illinois had the option of filing for an evidence-based divorce. For example, the no-fault waiting period may have been too long or the spouse may have had religious motivations to seek a fault-based divorce based on:

  • Adultery,
  • Impotency,
  • Desertion of at least one year,
  • "Extreme and repeated physical or mental cruelty,"
  • Alcohol or drug addiction lasting at least two years,
  • Conviction of a felony or other "infamous crime," and
  • Infecting the other spouse with a sexually transmitted disease.

The same law changes that removed the two-year separation requirement also eliminated fault-based grounds for divorce in Illinois. It is, however, still possible to contest a no-fault divorce, though doing so can be very difficult and, in some cases, counter-productive. Our experienced lawyers can help you choose the course of action that best suits your unique situation.

An Illinois spouse may pursue either a contested or an uncontested divorce. For a free consultation with an aggressive family law attorney, contact Pesce Law Group, P.C. at 630-352-2240.

Contact Us

NOTE: Fields with a * indicate a required field.
*
*
*

RECENT DIVORCE & FAMILY LAW NEWS

Study Suggests a Flashy Wedding Could Increase Divorce Risk
Study Suggests a Flashy Wedding Could Increase Divorce Risk
Your wedding day is supposed to be the happiest day of your life. On that day, you and your new spouse will be legally joined so that you can begin building the rest of your lives together. Most people spend their wedding day surrounded by...
Continue Reading...
What is Considered an
What is Considered an "Irreconcilable Breakdown” With Regard to Dissipation?
Needless to say, emotions can run high during a divorce. While some couples are able to end their marriages cooperatively and cordially, other marriages have much more dramatic endings. When one spouse is vengeful or resentful of the other, he or she may use certain...
Continue Reading...
How a Parenting Agreement Can Help You Better Co-Parent After Divorce
How a Parenting Agreement Can Help You Better Co-Parent After Divorce
When a married couple starts to consider divorce, often one of their main concerns is that the divorce will negatively affect the children. This worry is understandable considering divorce will dramatically change the family dynamics and living arrangements. The good news is that you do...
Continue Reading...
AVVO COLLABORATIVE LAW INSTITUTE OF ILLINOIS SuperLawyers IACP DCBA Illinois State Bar Association Leading Lawyers Network