Contested & Uncontested Divorce in Illinois
What's the difference in Contested Vs. Uncontested Divorce?
The main difference between each type lies in the agreements between the parties. Contested divorces arise when significant disagreements over financials, parenting, or another crucial issue occur.
Most uncontested divorces are less expensive and faster than contested divorces but require complete agreement. Legal counsel is still recommended if you think your divorce will be uncontested to draft the necessary contracts and prepare you if your partner changes their mind.
What is An Uncontested Divorce?
Uncontested Divorces are usually simpler and easier than other divorces. They require both parties to agree to the major points of the separation, including asset/liability division, child custody (or parenting time in Illinois), the setting of maintenance (formerly known as alimony), and child support agreements.
While we still recommend seeking legal counsel to ensure the process is completed thoroughly, uncontested divorces should be smoother. Many begin the divorce process believing their divorce will be uncontested, but a consultation with an attorney is best to understand all aspects of the necessary agreements and what to do when someone changes their mind.
Uncontested Divorce in Illinois
The uncontested divorce process in Illinois involves filing your initial Petition for Dissolution of Marriage, serving the divorce papers, negotiating an agreement, and finalizing the divorce before the Judge. Legal representation is best to ensure both parties understand their legal rights. The court often requires mediation to help the parties develop an agreement that works for both and adequately addresses every aspect of divorce.
How Long Do Uncontested Divorces Take?
Illinois requires one or both spouses to live within the state for at least 90 days prior to finalizing the divorce. After filing the initial paperwork, you must serve the papers and draft an agreement before presenting it to the court. This process is entirely personal, and the length depends on the complexity of your situation and how agreeable both spouses are.
What is An Contested Divorce?
Generally, most divorces are contested divorces in some way. Mediation is required for parenting issues if the parties are not in agreement. Mediation encourages the parties to develop an agreement early. While everyone hopes for a simple, straightforward process, sometimes it becomes necessary to challenge your spouse’s terms on crucial topics.
We support you in this complicated process, explain each step, and fight for you.
Contested Divorce in Illinois
1
Filling a Petition
The process begins with one spouse filing a dissolution of marriage. This petition signals the beginning of the divorce proceedings.
2
Service of Process
The divorce papers must be served to the other party. After being served a person has 30 days to file there appearance. Personal Service can be avoided if the respondent waives it and completes the process willingly.
3
Discovery
Each side gathers knowledge from both their client and the other party. They learn about individuals and their goals regarding crucial matters such as child custody, asset division, etc.
4
Negotiating
Once each party has established goals, negotiation is attempted. When successful, it allows everyone to save time and money; whenever negotiation is not enough, then it travels to court.
5
Trial
Each attorney will present cases to the judge, calling witnesses, like financial or childcare experts, and displaying evidence. a Guardian ad Litem may also be appointed to investigate the best interests of the children and make recommendations.
6
Motions After Trial
After the trial, either party still has the right to appeal the judge’s orders or file a post-trial motion. These appeals can also involve specific errors in the Court's order following trial, if the parties want to contest the outcome. A notice of appeal or post decree motion generally must be filed within 30 days of trial.
How Long Do Contested Divorces Last?
Divorce lengths vary greatly. Contested Divorces are often the longest; most contested divorces resolve between 18 months and 2 years. However, they can be shorter or longer, depending on your situation.
Getting the proper counsel will significantly shorten the process. If you choose Christi Alexander, she will begin by talking to you, understanding your situation, and crafting a comprehensive plan for your divorce.
Is It Worth Contesting A Divorce?
Contesting a divorce is a long and arduous process. In Illinois the terms of the divorce decree are modifiable in only very specific circumstances so it is important to fight for the result you want because you won't get to come back to the court later and ask to change the terms. Contesting your divorce terms may become necessary when significant consequences like child custody, asset division, or spousal support are disputed.
Reach out today to find out how we can make your divorce an easier, less stressful experience while procuring the best outcome for you.