Contested and Uncontested Divorce Lawyers in Oak Brook, IL

Trusted Attorneys for Uncontested and Contested Divorce Matters in DuPage County

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.

Whether your divorce is amicable or not, you can benefit from the services of an Oak Brook, IL divorce lawyer. 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.

What Is an 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.

Does Illinois Allow Fault-Based Divorces?

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.

How Can I Resolve a Contested Divorce?

A divorce is considered "contested" when the spouses cannot agree on critical issues, such as property division or child custody. Depending on whether the spouses are willing to compromise, a contested divorce could take many months, or even years to resolve.

If you need to get through a contested divorce with your spouse, you have several options. In most cases, going to court should be treated as a last resort, as it can drag out the legal proceedings for longer than necessary. Other forms of dispute resolution like mediation or collaborative law can allow you to resolve your issues in a low-pressure environment, while also allowing you to avoid legal fees from court.

Contact a Contested and Uncontested Divorce Attorney in Oak Brook, Illinois

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