Understanding the Differences Between Contested and Uncontested Divorces in Illinois

 Posted on August 30, 2021 in Divorce

For ex-spouses and families to transition to a new normal after divorce, they must follow several steps. Depending on the situation, the divorce process can range from amicable and smooth to hostile and complicated. When spouses wish to end their marriage on good terms, they may want to pursue an uncontested divorce which allows for a quicker and cheaper divorce. However, in times of divorce, it may be very difficult for divorcing couples to agree on every aspect that has to be determined. These disagreements will likely lead to a contested divorce. Regardless of what route is appropriate, each individual should be aware of what challenges may lay ahead.

Contested Divorces

A divorce may become contested for numerous reasons. Disagreements regarding finalizing the divorce and conditions applied to the dissolution of the marriage often cause substantial conflict between the spouses. Some of the most prevalent issues faced in a contested divorce include whether to get a divorce, where any shared minor children should live, what amount of child support should be paid, where a family pet will live, how assets and debts should be divided, and whether any spousal support should be provided.

Before a contested divorce can be properly settled, it is highly suggested that each spouse collaborates with a separate attorney. Because so much of a divorce dispute will involve a court and various legal procedures, each party will want their own representation that is able to analyze and administer complexities and issues that arise.

Uncontested Divorces

In the event that a divorcing couple is in complete agreement regarding children, assets, and debts, the couple may proceed with an uncontested divorce. Uncontested divorces are generally more amicable and finalize much quicker. When courts are not needed to aid in property division or child custody and support conflicts, they also carry much less financial burden.

For the agreed-upon stipulations to be set, it is crucial for the settlement to be made legally binding and enforced. This holds true even when the marriage seems to be ending on relatively friendly terms. While divorcing partners may partially wish to pursue an uncontested divorce to avoid legal fees, involving a legal representative is one of the only ways to ensure that neither party has been mistreated. In the midst of the divorce, both parties should want to correctly complete each process without errors and within the given time constraints.

It should also be noted that the state of Illinois permits a further expedited form of uncontested divorce known as “joint simplified dissolution”. Several requirements must be met in order to file for this type of divorce and interested parties should connect with an attorney for more information if they believe they are eligible.

Contact Our Naperville, IL Divorce Attorneys Today

Spouses filing for divorce will all face unique challenges throughout the process. It is possible that the process ex-spouses think best suits their situation may change down the road. No matter the route, it is not likely for the divorce process to be simple. It is in the best interest of divorcing couples to seek separate legal guidance in order to protect what is most important to them. If you are going through a divorce, the attorneys at Pesce Law Group, P.C. can help to strategize a settlement that achieves your wishes, and if necessary, protect the best interests of shared children. Contact one of our DuPage County divorce attorneys today to schedule a free consultation by calling 630-352-2240.

Source:

https://www.ilga.gov/legislation/ilcs/ilcs4.asp?DocName=075000050HPt%2E+IV&ActID=2086&ChapterID=59&SeqStart=3800000&SeqEnd=5300000