Divorce Basics: Contested vs. Uncontested Divorce

 Posted on May 16, 2016 in Divorce

When you are considering a divorce there are a lot of variables that you may need to take into consideration. Illinois divorce law uses a lot of legal terms that not everyone may be familiar with, or be familiar with in a legal context. One part of divorce that is important to understand is whether the divorce will be contested or uncontested.

Contested Divorces

A divorce is contested if the parties cannot agree on basic elements of the divorce. The disagreement can be as big as whether or not to divorce at all, or as seemingly small as the specific details of the separation of property. Common disagreements include allocation of parenting time, formerly known as custody and visitation, and with whom the children will live after the divorce. Other sticking points that can commonly be found in contested divorces are how much child support or maintenance, formerly called alimony, should be paid. Finally, the division of assets between parties is also a frequent area of disagreement that can make a divorce contested.

If a divorce begins the process as contested, the judge may order the parties to mediation or other ways to try to get the parties to come to an understanding before litigation. If the parties cannot come to a meeting of the minds through alternative dispute resolution tactics then they may decide to proceed to litigation, which can be difficult and costly.

Uncontested Divorces

Uncontested divorces are divorces where both parties agree to a divorce and both parties can come to an agreement regarding children, child support, maintenance and separation of property. When couples have already come to a consensus on these elements before they begin the divorce process, then the divorce is considered “uncontested.”

Impact on the Divorce Process

Whether a divorce is contested or uncontested will likely have a big impact on the process itself. Uncontested divorces will usually take much less time to become final than contested divorces. Contested divorces will also typically be more costly in terms of attorney fees and other fees paid to professionals and experts.

It is important to note that just because the parties have come to an agreement does not mean the judge will automatically approve it. Judges have a responsibility to make sure that children are adequately cared for. Therefore a judge will only approve agreements where the children are adequately provided for and parenting time is allocated in a way that is in the children’s best interests.

DuPage County Divorce Attorneys

Divorce can be a complicated process with many unfamiliar terms and concepts. Whether your divorce is contested or uncontested, you should talk to an experienced divorce attorney to help advocate for you during a contested divorce or help the process move more smoothly with an uncontested divorce. No matter what kind of divorce you are pursuing, the compassionate DuPage County divorce attorneys of Davi Law Group, LLC can help you through the process.

Source:

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