What Issues Can Lead to a Contested Divorce in Illinois?

 Posted on January 22, 2021 in Divorce

Contrary to what you might expect, many divorces in Illinois are relatively low-conflict affairs. Couples have the option to reach a resolution through the process of an uncontested divorce, in which they avoid a trial and negotiate an agreement on all important matters, and many choose to take advantage of it. However, certain issues can make an uncontested divorce extremely difficult, if not impossible. In these cases, trial litigation may be the only reasonable option to finalize the dissolution of the marriage.

Common Problems in a High-Conflict Divorce

If you are dealing with one or more of the following issues, either during the course of your marriage or early on in the divorce process, it may be a sign that your divorce is likely headed to court:

• Disagreement over the decision to get a divorce - In some cases, while one spouse is certain that they want a divorce, the other may try to argue that the marriage can be saved. Illinois law requires a divorce petitioner to demonstrate irreconcilable differences in the marriage before the divorce can proceed, and while one party’s objection is unlikely to prevent the divorce in the long run, it can make the process more difficult.

• Hidden or dissipated assets - When a spouse attempts to conceal or indiscriminately spend assets that belong to the marital estate, it is difficult to fairly divide property, and the other spouse can be left at a major disadvantage. The court’s intervention can ensure that a party who engages in this dishonest behavior is held accountable for his or her actions.

• Property disputes - Even if there is full transparency regarding marital assets, couples may be unavailable to resolve disagreements over who will retain certain properties in the divorce. The marital home, businesses, and other valuable and sentimental properties are some of the most common sources of conflict.

• Parenting disagreements - While most parents want what is best for their children in the divorce, they may have conflicting ideas as to what this means. A divorce can become especially difficult if one parent is seeking to limit the other’s parenting time or parental responsibilities, or if a parent resists contributing their fair share to child support.

• Infidelity - Cheating and extramarital affairs do not necessarily mean that a couple cannot set aside their differences and work out an amicable divorce resolution. However, they may find that eroded trust and heightened emotional reactions make it too difficult to negotiate with each other in good faith.

• Domestic violence - If you or your children have been the victim of domestic abuse from your spouse, it is never a good idea to try to resolve the situation on your own. An attorney can help you seek the necessary protections and pursue a divorce resolution that will keep you and your children safe.

Contact a Rolling Meadows Divorce Attorney

At the Cosley Law Office, we strive to help our clients pursue an uncontested divorce whenever possible, but we are prepared to represent you in court if a contested divorce is the best option. We will help you stand up for your interests and fight for an outcome that protects you and your family. Contact an Arlington Heights divorce lawyer today at 847-253-3100 to request a free consultation.

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