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Key Differences Between Contested Divorce and Uncontested Divorce in Illinois
The difference between contested divorce and uncontested divorce in Illinois lies in their execution and how the soon-to-be-ex-spouses communicate during legal proceedings. Both scenarios require legal representation. A divorce lawyer will handle negotiations, paperwork, and other aspects of the dissolution of marriage to streamline the process. We highlight the distinguishing factors between each divorce type to help you make an informed choice during your separation.
The Control Shifts in Contested vs. Uncontested Divorce
A contested divorce typically goes to trial because the couple does not agree on how to distribute marital assets or manage child support after separation.
Since the divorcing couple cannot reach a settlement, one or both parties request the court to intervene. The court uses the legal framework to determine an effective way to divide marital property and assets, parental responsibilities, and set conditions for child and spousal support.
On the other hand, spouses undergoing an uncontested divorce make mutual decisions favored by one or both parties. This can mean deciding who gets the family residence and who gets the car or agreeing on how often the spouse moving out of the house gets to see the children.
With no conflicts, parties in an uncontested divorce can make life decisions without third-party intervention. This can give you more control and make it easier to retain ownership over specific marital assets.
The Length of the Divorce Process
The duration of divorce proceedings in Illinois vary from one case to another. Typically, it can take two months to a year before you reach a conclusive settlement.
It is important to note that an uncontested divorce resolves faster than a contested divorce. In this case, soon-to-be-ex spouses effectively communicate and present their points amiably. This allows them to agree on crucial decisions without conflict or delays.
Alternatively, couples in a contested divorce find it challenging to settle on decisions due to which their case goes to trial. After that, divorcing partners may need to collect evidence to support their arguments and ensure marital assets, parental responsibilities, and spousal maintenance are divided reasonably.
Sometimes court proceedings can take over a year, so the waiting period for contested divorces is longer.
The Preservation of Familial Relationship
High-conflict divorces often leave one or both parties feeling bitter toward the other. It might be because one person receives better provisions or more parenting time. You may also want to keep a distance from your ex because of the upsetting words exchanged between you during the legal proceedings.
In contrast, partners in an uncontested divorce overcome the separation better and remain on good terms. They find building an amicable and positive relationship easier, allowing them to create a nurturing environment while co-parenting their children after divorce.
Contact St. Charles Divorce Lawyers
An uncontested divorce gives couples more authority in negotiating the amount of marital assets and property each party receives. It is also a relatively quick process compared to a contested divorce. Yet, sometimes, seeking help from the court becomes necessary, especially in high-conflict divorces. A lawyer can help you choose a favorable course of action by assisting you in legal matters associated with the dissolution of marriage in Illinois. Contact St. Charles divorce attorneys from Shaw Sanders, P.C. by dialing 630-584-5550 to book a consultation today.
Sources
https://www.ilga.gov/legislation/ilcs/ilcs5.asp?ActID=2086&ChapterID=59
https://www.forbes.com/advisor/legal/divorce/illinois-divorce/
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