Will My Rolling Meadows Divorce Be Considered Contested?

 Posted on December 16, 2021 in Divorce

 Divorce is not easy - that is a truism that requires no further explanation. But while all divorces present challenges, some divorces are more difficult than others. Most divorces in Illinois are uncontested, meaning that spouses can cooperate enough to reach an agreement on all the issues at hand. However, if spouses simply cannot agree on one or more issues, or if there are complicating factors like domestic violence or a spouse who tries to hide assets, it is considered a contested divorce and may go to trial. If you are concerned that your divorce case may be contested, read on.

Why Are Most Divorced in Illinois Uncontested?

Illinois family courts and judges work hard to protect spouses (especially those with children) from the expense, difficulty, and longevity of divorce litigation. Everybody, including the court system, benefits when spouses can agree on issues because spouses are more likely to be satisfied with the terms of the divorce and more likely to abide by its decree. When spouses struggle to negotiate, mediation or collaborative divorce can help them reach an agreement about issues like property division, spousal maintenance, and a parenting plan. Even if one or both spouses are acting unethically, the expense and length of a court trial usually convince people that it would be best to settle their differences outside of court.

What Issues Are at Stake in a Contested Divorce?

Divorcing spouses usually disagree about one or more of the following issues:

• Whether they should get divorced in the first place

• Where the children will live

• Which spouse will get a pet

• How much child support a spouse must pay

• How property will be divided

• Who will pay joint debt

• Whether one spouse will be spousal maintenance (alimony)

Contested divorces often take 18 months or longer. Spouses must file for divorce, respond to the petition, and begin the lengthy process of discovery wherein they obtain documents and evidence from each other to support their case. Spouses usually have to make multiple court appearances and may even need to take testimony from outside witnesses. For these reasons, spouses are encouraged to avoid contested divorce and seek compromise whenever possible.

Meet with a Rolling Meadows Divorce Lawyer

At the Cosley Law Office, we are committed to pursuing whatever divorce strategy is the best for you and your family. Generally, this means that we will help you utilize alternative dispute resolution tactics to your advantage to minimize conflict and advance your interests. However, if necessary, we will advocate passionately for you in court. To learn more about your case, schedule a free initial consultation today with our Arlington Heights divorce lawyer, Mr. Donald J. Cosley. Call us at .  

Source:

https://www.ilga.gov/legislation/ilcs/ilcs4.asp?DocName=075000050HPt%2E+IV&ActID=2086&ChapterID=59&SeqStart=3900000&SeqEnd=5400000