A contested divorce occurs any time the parties cannot agree on all of the issues involved. A small business, the division of assets, the division of debts, or the value of a house could be a source of contention. When this happens, a judge will try get a sense of like what is causing the problem and how they can resolve it. The judge generally hears the arguments from both sides and then makes the decision based on the evidence presented.
A skilled Cook County attorney can help you through your contested divorce. A skilled lawyer who has experience handling divorce cases can help you work towards an agreement that is fair to you.
The role of the lawyer differs in a contested divorce from an uncontested divorce. In a contested divorce, a lawyer will generally help advocate for a party’s rights and interests throughout the litigation process.
Lawyers can mitigate a contested divorce by trying to help the individual define their goals early in the case and then help them stay focused on those goals. Too often people get distracted by smaller issues and lose focus of what ultimately is important to them. A skilled attorney is going to help them determine their goals and create a plan of action so they can work towards a favorable agreement.
Ultimately, if the parents cannot agree on how they are going to raise their children, the court may step in to protect their best interests. The court may appoint an attorney, referred to as the guardian ad litem, on behalf of the children. The guardian ad litem would be tasked with coming up with a plan of action and looking out for the kids’ best interests.
They would do this by interviewing the children and the parents to try to determine a plan of action for them. An attorney can further explain the role of a guardian ad litem in a contested divorce.
In a contested divorce, mediation is a process where the parties sit down with a neutral third party whose sole job is to try and help them reach an agreement to avoid having the court make the ultimate decision. Mediation can be a great way to help the couple reach a favorable agreement.
Litigation, on the other hand, occurs once it is clear that the parties cannot reach an agreement. When in litigation, the attorneys for each party will present their case and evidence to the court for the judge to evaluate. An attorney can further explain when mediation and litigation may be necessary in a contested divorce.
If you feel like you and your former spouse cannot reach an agreement on the terms of your divorce, an attorney can help. Whether you need mediation or litigation, a Cook County lawyer can advocate for your interests throughout a contested divorce. For the help you need, call Reidy Law Office, LLC today.