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How are contested and uncontested divorces different?

On Behalf of | Jul 1, 2015 | Divorce |

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When you and your spouse have decided to end your marriage, there will be a number of decisions to make regarding property division and any children you might have. In Illinois, you have the option to do a contested or an uncontested divorce. There are significant differences between the two.

An uncontested divorce means that one spouse has filed the paperwork for a divorce. That person typically hires an attorney and drives the process, and both spouses agree to any decisions made regarding basic divorce issues. According to Illinois Legal Aid, upon filing for an uncontested divorce, you will need to supply the reason for the separation and include a special waiver if the divorce is due to irreconcilable differences.

In a contested divorce, the couple is at or predicts they will be at odds over how certain matters will be handled. For example, a couple may need the assistance of outside parties such as a mediator or child’s representative in order to come to an agreement. Experts suggest that people who have any of the following should consider a contested divorce: 

  •        Children
  •        Complex property arrangements
  •        Disagreement regarding support payments

Chicago Magazine reports that choosing an uncontested divorce could save you thousands of dollars in legal fees and other costs. However, while it could save you time and money, an uncontested divorce could also mean making sacrifices that you do not want to. It can be tempting to simply get the process over with, but experts warn that dismissing these key decisions can be detrimental to your financial future and the wellbeing of your family.

While this information may be useful, it should not be taken as legal advice.



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