Contested Divorce: When Spouses Cannot Agree

 Posted on November 21, 2022 in Divorce

Just as there are a  variety of types of marriages, there are numerous different types of divorces. Some divorces are a result of one spouse having an affair, while other divorces occur  because the couple simply grows apart. The end of their marriage comes as a total shock to some spouses, while others have known it was coming for years. If you are in a situation where you and your spouse are not on the same page about how you want to end your marriage and move on with your life, you may be facing a contested divorce. Contested divorces are much more complicated and time-consuming than uncontested divorces, and a person going through this type of divorce is strongly encouraged to hire an experienced family law attorney.

Contested Divorce vs. Uncontested Divorce

Couples going thru a divorce who agree on subjects such as property and debt division, the allocation of parental responsibilities, parenting time, child support and spousal maintenance generally do not have to go through numerous court hearings or extensive legal negotiations in order to end their marriage. The court’s main purpose when it comes to divorce is to make rulings about issues on which couples disagree. There is usually no need for far-reaching court involvement when couples are willing to cooperate and compromise.

Contested Divorce

If one or both spouses dispute some aspect of their divorce and the couple cannot come to a compromise or agreement, they will probably be facing a contested divorce. An individual who wishes to divorce his or her spouse will need to first prepare and file the divorce petition. This is the legal document which formally requests the divorce. The person’s attorney then engages in the “discovery” portion of the divorce process, which involves gathering information about each spouse’s financial situation. Then there may be pre-trial legal motions and hearings. During this time, the attorneys will also attempt to negotiate a settlement.

In the large majority of divorces, couples are able to come to an agreement and avoid going to trial. However, there are some cases when, even with the help of legal counsel, divorcing couples cannot agree on divorce issues. During a trial, each side will present arguments, evidence, and, if applicable, witnesses. Their attorneys will question and cross-examine these witnesses and then present closing arguments. At the conclusion of the trial, the judge will issue a final judgment which will include his or her decisions about the disputed issues.

DuPage County Family Law Attorney Ready to Help

If you suspect your divorce will be contested, you need an attorney who knows divorce law and procedures, and is prepared to fight for your wishes. Contact a highly-experienced Oak Park contested divorce lawyer to get the help you need. Call 708-449-7404 for a free consultation and case review at the Law Office of Vincent C. Machroli, P.C. today.

Source:

http://www.ilga.gov/legislation/ilcs/ilcs5.asp?ActID=2086&ChapterID=59