Contested vs. Uncontested Divorce in Illinois

Contrary to popular belief, you don’t have to go to war with your ex during a divorce in Illinois. Some issues can be resolved out of court. Whether you think you will be involved in a contested divorce or uncontested divorce, make sure you have a divorce lawyer who can go through the agreement, and guide you according to the terms mentioned in it.

Contested vs. Uncontested Divorce

If you have disputes with your spouse about one or more issues such as financial matters and parenting time, you are going through a contested divorce. Making an agreement that both parties mutually consent to is a long process with this type of divorce. In most cases, one spouse digs in their heels on certain issues they are not willing to compromise on. A judge usually resolves these in court or via a mediator.

On the other hand, an uncontested divorce is one in which both parties come to mutual agreements regarding their assets, children, and other decisions based on the divorce. In this case, they don’t need a judge to intervene and make decisions on their behalf, so it is done out of court. However, since divorce is a legal process, both parties must meet legal requirements and file deadlines before the court can approve their split. Otherwise, the entire procedure can be delayed for months, if not years.

Even an uncontested divorce can become contested if either party disagrees with any agreement in the divorce proceedings. In contrast, a contested divorce can move forward if mediation or negotiations can lead to amicable decisions. In this case, the court does not have to intervene, but you still need a divorce lawyer to ensure things go smoothly.

Who Should Get An Uncontested Divorce?

If you and your ex agree amicably on divorce terms, you should opt for an uncontested divorce. It will help you save a lot of money and prevent emotional upheaval. However, if every meeting with your spouse is filled with arguments or violence, you should go for a contested divorce.

In this case, hire an experienced divorce lawyer in Chicago to ensure your rights are protected during negotiations. Understand that both parties must agree to a settlement to proceed with an uncontested divorce.

Contact Dan Walker for a Divorce Settlement Consultation

Whether you have been married for a decade or a full year, Dan Walker can help you through your divorce settlement process. We understand that dissolving a marriage can be quite emotionally and legally challenging.

Several complex decisions must be made, which can be quite psychologically taxing. Besides child support, you also need to determine parenting time, divide marital assets fairly and agree on parental responsibilities as well.

Having an experienced divorce attorney who can help you navigate through those experiences without losing hope is worth their weight in gold. Allow our Illinois divorce attorneys to provide you with legal counsel and personal advice to make the process easier to manage. We have been delivering quality legal services for more than 45 years and can help you get the future you deserve.