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The Difference Between Contested and Uncontested Divorce

 Posted on November 01, 2018 in Divorce

If you and your spouse are seeking a dissolution of your marriage in Illinois, an uncontested divorce is surely the simplest and most straightforward type of divorce. That being said, uncontested divorces are less common, as couples are often not in agreement about the terms of a divorce. If you’re getting divorced, here’s a look into what you need to know about both types of divorce, as well as some tips for navigating both–

Contested Divorce in Illinois

A contested divorce doesn’t necessarily mean that one party wants to get divorced and the other does not; rather, a contested divorce refers to one in which issues in the divorce are contested. For example, parties may disagree about:

  • Child custody (allocation of responsibilities);
  • Child support;
  • Alimony (maintenance); and
  • Property division.

Sometimes when divorce issues are contested, couples will attend a mediation in order to try to reach an agreement. If mediation fails, the case may need to be heard before a judge, who will be the ultimate decision-maker about all issues in a divorce. Another option is to hold a settlement conference with both parties and both attorneys to work out settlement details.

Uncontested Divorce

As mentioned above, an uncontested divorce is a much simpler type of divorce, mitigating the expenses of divorce litigation and conflict. In an uncontested divorce, both parties are in agreement about how issues in a divorce should be settled, therefore eliminating the need for mediation, negotiations, and litigation. An uncontested divorce is generally resolved much quicker than is a contested divorce, too.

Avoiding Litigation

The good news is that even if your divorce is contested to begin with, reaching a settlement without litigation is very possible. It is normal for individuals to have preferences and strong emotions regarding a divorce settlement; however, when both parties recognize that working together to resolve disagreements will ultimately be more beneficial for everyone, uncontested divorce is possible. At the law offices of Fay, Farrow & Associates, P.C., our divorce attorneys can represent you in conversations with your spouse, help you negotiate for a fair divorce settlement, and advise you regarding issues on which you should compromise (and on what a fair compromise looks like).

If you have children, avoiding litigation is especially important, as a contentious divorce can have a lasting impact on a child.

Call Our Illinois Divorce Attorneys Today

If you and your spouse are in agreement about getting a divorce and the terms of your divorce, our lawyers can guide you through the process of uncontested divorce today to help you finalize your divorce as soon as possible. If your divorce is contested, we can assist you in navigating reaching an agreement with your spouse or exploring other options, including litigation.

We know divorce can be tough – you don’t have to go through it alone. Call our Naperville, Illinois divorce lawyers today for a free consultation about your divorce case.

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