While there are lots of different ways a divorce can go, all divorces broadly fall into one of two categories: contested or uncontested. If you are preparing to go through a divorce in Illinois, it will be important for you to understand what each of these terms means (and what it doesn’t)—as this will help you make informed decisions about how you approach your divorce.
Contested Divorce vs. Uncontested Divorce: Understanding the Difference
So, what’s the difference between a contested divorce and an uncontested divorce—and which option is right for you?
We’ll talk about uncontested divorces first.
To pursue an uncontested divorce, you and your spouse do not have to agree on everything from the outset of the divorce process. This is a common misconception. Instead, pursuing an uncontested divorce involves resolving your differences before you go to court—so that when you go to court, you and your spouse are presenting the judge with an agreed plan for bringing your marriage to an end.
In contrast, a contested divorce involves asking a judge to make decisions for you. If you and your spouse cannot agree on the terms of your divorce, then your divorce is “contested.” In this scenario, you and your spouse will need to present your respective claims regarding property division, financial support, and child custody in court so that the judge can determine what is fair under the circumstances at hand.
Working with a Divorce Lawyer to Pursue an Uncontested Divorce in Illinois
These days, most divorces are uncontested. In most cases, both spouses will want to resolve their divorce as efficiently as possible, and they will share an interest in not needing to hash out their differences in court.
Even if your goal is to pursue an uncontested divorce, it is still important to have an experienced divorce attorney on your side. As you navigate your uncontested divorce, you will need to make informed decisions about matters including:
- Dividing your “marital assets” with your spouse
- Identifying your “separate assets” that are not subject to division in your divorce
- Deciding whether to seek (or agree to pay) alimony
- Calculating child support and managing child-related expenses not covered under the Illinois Child Support Guidelines
- Determining how to divide parenting time with your spouse based on Illinois’s “best interests” factors for child custody
An experienced divorce attorney will be able to help you think carefully about each of these issues. Your attorney will also be able to help you anticipate and respond to your spouse’s wants and needs; and, at the end of the process, your attorney will be able to help you feel confident that your divorce settlement agreement adequately serves your interests (and your children’s interests) long-term.
Working with a Divorce Lawyer to Pursue a Contested Divorce in Illinois
If you and your spouse are not able to reach an amicable settlement in your divorce, then going to court may be your only option (though mediation and collaborative divorce may be options in some cases as well). If you need to pursue a contested divorce, it will be important for you to work closely with your divorce lawyer throughout the process.
In a contested divorce, your lawyer will help you make informed and strategic decisions about the property, financial, and child-related rights you should seek in court. Your lawyer will then argue for these rights on your behalf. With that said, it is still possible to settle while your divorce is pending in court, and divorcing spouses will agree to resolve contested divorces via settlement in some cases.
FAQs: Contested Divorce vs. Uncontested Divorce in Illinois
What is a contested divorce in Illinois?
A contested divorce is any divorce in which the spouses are not able to come to terms on their own. Going through a contested divorce involves litigating in Illinois state court, and at the end of the litigation process, the judge renders a binding decision regarding property division, financial support, and child custody. However, spouses remain free to negotiate while their divorce is pending, and they can agree to resolve any of the issues involved in their divorce at any time.
When should I consider a contested divorce?
You should consider a contested divorce in Illinois if attempting to negotiate the terms of your divorce with your spouse is likely to be a waste of time. In most situations, pursuing a contested divorce is a means of last resort. Pursuing an uncontested divorce will be much more efficient in nearly all cases, and even in a highly contentious divorce, both spouses will typically share a common interest in avoiding the costs of litigation.
How do I know which type of divorce is right for me?
If you are ready to end your marriage in Illinois, an experienced divorce lawyer can help you decide whether to pursue a contested or uncontested divorce. There is no single “right” way to approach the divorce process, and what makes the most sense for you depends on your individual circumstances.
How does child custody affect whether a divorce is contested?
Disagreements over child custody are among the most common reasons why spouses end up pursuing contested divorces. If you and your spouse cannot agree on how to divide parenting time after your divorce, you may need to ask a judge to issue a decision.
How do I find a divorce lawyer near me?
If you live in Illinois and are wondering, “How can I find a divorce attorney near me?”, we invite you to get in touch. Divorce attorney Deanna J. Bowen has extensive experience guiding clients through the divorce process. You can get started with a free initial consultation, and Ms. Bowen can help you make informed and confident decisions about your next steps.
Request a Free Initial Consultation with Illinois Divorce Attorney Deanna J. Bowen
Do you need to know more about the options for pursuing a divorce in Illinois? If so, contact us today. Call 847-503-0785 or contact us online to schedule a free initial consultation today.
