What is Involved in a Contested Divorce in Illinois?

 Posted on May 05, 2023 in Divorce

A divorce can happen for many reasons. Depending on the issues the parties faced that resulted in the irretrievable breakdown of the marriage, your divorce proceeding may be contested or uncontested. A contested divorce means the two parties cannot agree on one or more terms. On the other hand, an uncontested divorce means the couple agrees on all matters.

Some common issues that arise during divorce and that can contribute to the divorce being contested are:

• Child custody and visitation rights

• Child support

• Alimony or spousal support

• Division of assets and property

• Division of marital debts

• Other marital disputes

Contested Divorce in Illinois

A contested divorce occurs when a dispute arises over one or more issues. This could be anything from child custody to ownership of the house. Both spouses may be unable to meet in the middle, or at least one spouse may be unwilling to compromise. If the spouses cannot resolve their issues, they may try to negotiate a solution through their respective attorneys.  If that fails, the case will eventually go to court for a judge to decide.

n Illinois, contested divorces are governed by state laws that determine how the spouses must go about resolving their disputes. These laws outline various procedures, including filing for divorce, serving papers, gathering information during discovery, and appearing in court. The discovery process involves collecting and exchanging information related to the divorce. This includes financial documents, such as bank statements, mortgage documents, or tax returns. Depositions and interrogatories may be requested by either party, during which the other spouse is questioned under oath.

In most contested divorce cases, the spouses reach a settlement prior to trial. This is when they agree on the division of property, child custody, spousal support and other issues without going to trial. The settlement must be approved by both parties in order for it to be legally binding.

If a settlement can not be reached, then the case will proceed to trial. During a divorce trial, the judge will hear both parties present their arguments and evidence. The judge will then make a decision on the issues that are in dispute. The court’s decision is final and binding.

Contested divorces can be emotionally draining and time-consuming, so it's important to do your research and seek professional advice before beginning the process.

Contact DuPage County Family Law Attorneys

Navigating a divorce can be confusing and overwhelming, even if the divorce is uncontested. Many family laws may be difficult for divorcing couples to understand in Illinois. At the Pesce Law Group, P.C., our Naperville family law attorneys can help clients understand the divorce process at every step.

If you are seeking a divorce, getting the right guidance and representation is important. Call us at 630-352-2240 to request a consultation.

Sources:

https://www.illinoiscourts.gov/forms/approved-forms/forms-circuit-court/divorce-child-support-maintenance

https://www.ilga.gov/legislation/ilcs/ilcs4.asp?ActID=2086&ChapterID=59&SeqStart=5200000&SeqEnd=6000000