When you first file for divorce, you may not realize that you can file either for an uncontested divorce or a contested one.
An uncontested divorce is simply one in which both parties are able to agree to end their marriage and there are no outstanding issues that need to be resolved by the court. A contested divorce is one that has to be litigated, often due to issues over things like spousal maintenance or child custody.
When an uncontested divorce may be an ideal option
Many divorcing couples are eager to see their marriage dissolved from the moment that they decide that they can no longer remain in the relationship. Many spouses opt for an uncontested divorce whenever possible as those are generally quickly resolved.
The costs associated with pursuing an uncontested divorce also tend to be less as there’s minimal need for court intervention or lots of intervention by an attorney.
An uncontested divorce can also preserve your privacy. Much of what happens in a courtroom in a contested divorce becomes part of the public record. Most negotiations in an uncontested divorce occur between attorneys behind closed doors and thus never makes the light of day.
When it’s wiser to move to litigation in your divorce
You and your spouse may need to pursue a contested divorce if you’re having trouble sorting out child support or custody, property division or spousal maintenance, and approaches like mediation haven’t helped in that respect. The downside to filing a contested divorce is that you may easily find yourself back in court battling one another over modifications if you can’t get on the same page now.
What originally was a contested divorce may become an uncontested one if you or your spouse fail to show up for court hearings in your case.
Determining whether to file an uncontested or contested divorce
You may think that the issues between you and your spouse are so unresolvable that pursuing a contested divorce in Illinois is your best option. An attorney here in Wheaton may be able to guide you through the confusion and help you achieve a more peaceful resolution.