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Contested and Uncontested Divorces

 Posted on December 18, 2017 in Divorce

Naperville divorce attorneyIf you are just beginning to research your options regarding divorce, you may have stumbled upon some terms and phrases that are to you. One such term that many people considering divorce are curious about is the word “contested.” There are contested divorces and uncontested divorces. The root word of contested is contest, so it refers to a competition or dispute. Within the law, a contested divorce is one in which the spouses cannot come to an agreement about one or more issues. Couples who engage in a contested divorce may disagree about the division of marital property or debt, spousal support (also called alimony or spousal maintenance), child support, or child custody. An uncontested divorce is appropriate when both spouses agree on all of their divorce-related issues and meet other state-determined criteria. A contested divorce is often more complicated than an uncontested divorce.

Uncontested Divorce in Illinois

Within the state of Illinois, there is a special type of uncontested divorce available to Illinois residents that is called “joint simplified dissolution.” In order to qualify for this type of divorce, a couple must:

  • Be willing and able to fill out paperwork and appear in the final court hearing together;
  • Have been married for eight or fewer years;
  • Not own any real estate, either together or separately;
  • Have less than $50,000 in joint marital property;
  • Make less than $60,000 in combined gross income, with neither spouse earning more than $30,000 per year;
  • Not have children together or be expecting a child;
  • Have a written agreement that divides all assets valued at more than $100; and
  • Be willing to permanently waive their rights to spousal support.

If you meet all of these requirements, you may be eligible for an uncontested divorce. However, if you and your spouse own a home, have children, do not agree on how property should be divided, or have other disagreements, you will need to pursue a contested divorce. Keep in mind, however, that a contested divorce does not necessarily mean that you and your spouse must fight bitterly. It simply means that you need the court’s help to make your final decisions.

Experienced Family Law Professionals

The knowledgeable attorneys at Pesce Law Group, P.C. know that nothing is easy when it comes to divorcing your spouse. If you are ready to start the divorce process, it is critical that you have legal advice and guidance that you can trust. If you think an uncontested divorce is right for you, our team is ready to help you get started. Contact an experienced Naperville divorce attorney to get the direction you need. Call 630-352-2240 for a confidential consultation today.


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