Contested vs. Uncontested?
In the state of Illinois as any other place, there are certain rules and regulations in regards to divorce. Furthermore, when one spouse decides he or she wants to end a marriage, it is important to understand the difference between a contested and uncontested divorce and what is involved in both.
In the state of Illinois as any other place, there are certain rules and regulations in regards to divorce. Furthermore, when one spouse decides he or she wants to end a marriage, it is important to understand the difference between a contested and uncontested divorce and what is involved in both.
Contested Divorce
A contested divorce is simply when both parties do not agree on the proceeding. Often times, most items agued over are:
A contested divorce is simply when both parties do not agree on the proceeding. Often times, most items agued over are:
- One spouse does not want the divorce
- Child support amounts
- Property division
- Allocation of debts
- Spousal support or maintenance issues
- Child issues; living arrangements and visitations
Uncontested Divorce
On the other hand, when both spouses agree on the terms of the dissolution of the marriage then it is called an uncontested divorce. There are many advantages to an uncontested divorce such as saved time, money, stress, and emotional toll on all parties.
Another way to decipher an uncontested divorce from a contested one is the fact that when one spouse receives the Petition for Dissolution of Marriage, he or she does not reply by filing an Appearance and Answer. In this case, the court will then make decisions based on the other spouses input.
Other Things to Keep in Mind
In Illinois, one of the spouses must have resided in Illinois for at least 90 days prior to having a divorce decree granted. Likewise, judgment of a divorce will set rules for the following issues:
- Child issues: visitation, parenting time, parental responsibilities, child support
- Property: division of debts and marital property
- Maintenance: the court will determine if one spouse will pay maintenance to another which often times called alimony or spousal support
Going through a divorce is never an easy process even when it is uncontested. Additionally, the entire ordeal often takes an emotional and physical toll on all parties involved. Being prepared and having help from a knowledgeable Illinois divorce attorney can help you ease through the process.
Deborah Besserman is a skilled Edwardsville divorce attorney, and understands that compassion and caring throughout a dissolution of a marriage is a top priority. Deborah will help you through the divorce process and make sure you receive the favorable results you deserve. Please contact Besserman Law Office today for a consultation.