The Level of Agreement
The level of agreement present can play a significant role in the divorce process. Whether you and your spouse can agree on important issues such as child custody and property division can impact the overall length and cost of your divorce. Here is what you need to know regarding uncontested and contested divorce in Illinois.
Agreement on All Issues
Major divorce issues can be challenging to come to terms with due to the level of emotional involvement present in the negotiations. However, if you and your spouse are able to agree on all issues related to your divorce, then your divorce is considered uncontested.
When a couple seeking a divorce agrees to terms on most issues but even one issue is left unresolved, then their divorce is considered contested. This could be due to one spouse refusing to negotiate on that one issue or a couple simply not being able to come to terms with each other. Any issues not agreed upon by both parties in a divorce will ultimately be determined by the court.
Is One Better Than the Other?
One’s initial thinking might be to immediately prefer an uncontested divorce, but that isn’t always the best fit for everyone. It’s common to see uncontested divorce if a couple does not possess many marital assets or does not have children, and this does not mean that couples with either of these present in their relationship cannot have an uncontested divorce. You might find your spouse’s proposal for child support or child custody unfair and wish to address the issue with the court, making your divorce contested. What type of divorce you have ultimately depends on your unique circumstances; keep in mind, though, that an uncontested divorce can have lower court costs and a shorter length of time than one that is contested.
Ask Questions of an Attorney
If you are unsure of how to proceed with a divorce, get your questions answered by an attorney who understands divorce law and who can provide you with the best guidance. The team at Law Offices of Jonathan Merel, P.C. is prepared to help you move forward with divorce and guide you throughout each step of the process.
Learn more about uncontested and contested divorce in Illinois or schedule your consultation by calling us at (312) 487-2795 or by visiting our website.