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The Differences Between Contested and Uncontested Divorces

 Posted on September 13, 2023 in Divorce

IL divorce lawyerYou currently reside in Illinois and are in the process of a divorce. Unlike many couples who are experiencing this landmark decision, you and your partner are on amicable terms. Rather than fight and shout at each other, you have simply grown apart. 

 You may be wondering if this arrangement is unusual and you may be unsure as to how to proceed with a divorce. However, we assure you that you are not alone. An experienced lawyer can assist you through this difficult time. Here at Calabrese Associates, we are here to help you throughout the divorce process.

Under What Conditions Is Someone Allowed to File for Divorce?

Illinois is a no-fault divorce state. This means a couple does not need any specific reasoning in order for the divorce to be granted. Rather, the pair can simply state that they can no longer function as a couple and the court can grant them a divorce. While this may seem like an easy process, how quickly and efficiently the divorce moves will depend on how much the couple is willing to negotiate on various legal matters.

What is an Uncontested Divorce? 

If a couple does not have any legal disagreements in their divorce, their divorce is considered “uncontested.” Here are some areas that a couple will need to agree on: 

  • Parental responsibilities - This includes decision-making (custody), parenting time (visitation), and things like transportation, homework, and the right of first refusal. 
  • Child support - Usually this is determined by a formula, but the special needs of the child and high net-worth parents may result in a need for negotiation.
  • Spousal support - Also known as alimony, spousal support is less common but is still often awarded, especially if a couple has been married for many years. 
  • Asset division - Assets acquired during the marriage will need to be divided fairly. This includes debts. 

What is a Contested Divorce?

If a pair is unable to resolve their legal disputes over one or more divorce-related issues, it is considered a contested divorce. Before they stand before a judge, the couple has the option to sort out their disputes through a process called mediation. This process is when a third person attempts to assist the couple in reaching an agreement. 

Using an unbiased approach, the mediator helps the couple discuss and work out their disagreements. If the mediation is successful, the couple will avoid letting a judge settle the issues at hand. However if the mediator is unable to help the couple come up with a solution, the couple will have to take the dispute to the courtroom. Unfortunately, this process can be long and tedious.

Schedule a Meeting with a Naperville, IL Uncontested Divorce Attorney

Whether you have a contested divorce or an uncontested divorce, the process can be draining and confusing. This is especially true if you have children. If you are considering a divorce, it is important that you know your legal rights and responsibilities. We advise you to contact a DuPage County, IL family law attorney at Calabrese Associates, P.C.. You can contact us online or at 630-393-3111


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