Legal counsel can be invaluable when you are going through a divorce. This is true even if both parties are in agreement with all aspects of their divorce. On the other hand, if you and your soon to be ex are not on the same page, a Joliet contested divorce lawyer can play an important role. Let our experienced divorce attorneys help make your separation a little easier. The legal team at Reidy Law Office LLC could help you through every step of the dissolution process and help you seek a favorable outcome for your divorce.

Understanding Contested and Uncontested Divorce

There is a considerable difference between contested and uncontested divorces in Illinois. When both parties concur as to their goals and wishes for the final divorce agreement, this is considered an uncontested divorce case. Uncontested divorce cases finish much faster and cost much less than a contested divorce.

In a contested divorce, the spouses may both be in agreement that they wish to go their separate ways but disagree regarding the provisions of their dissolution agreement. In other words, you agree to break up but you disagree as to the method of breaking up. Spousal maintenance or support, child support, child custody, and property division are among the most commonly contested issues in divorces.

Allocation of Property

Property division is one aspect of a divorce that can be contested between you and your spouse. There are different classes of property in this context. Marital property refers to assets mutually acquired by either spouse while they are married. Non-marital property also called separate property, is the property that was exclusively owned by one person before entering the marriage or property received by gift or inheritance by only one spouse.

Assets that are commonly subject to division in divorce cases include:

  • Debts
  • Retirement assets
  • Real property (i.e., the marital home)
  • Checking and savings accounts
  • Joint investments
  • Cars
  • Boats
  • Insurance policies

In many instances, you and your spouse will be able to agree upon property division,  but this is not always the case. When there is a dispute, a seasoned contested divorce attorney in Joliet could help your case.

Disputing Spousal Support or Alimony

Another aspect of a divorce that can be contested is spousal support, which is a payment from one spouse to the other one. It can be permanent or temporary and in either case is either agreed upon by the parties or ordered by the court. One party may be ordered to pay the other spousal support to help the receiving spouse become self-sufficient and self-sustaining.

A divorcing party may be considered eligible for spousal support if they do not have the means to support themselves otherwise. Knowledgeable contested divorce lawyers could examine relevant facts and advise clients about the viability of spousal support requests. A court would consider numerous elements, including the details of the marital union and divorce when deciding whether or not to grant a party spousal support.

Child Custody Matters

Although it is now called Allocation of Parental Responsibilities and Parenting Time, “child custody” remains one of the most sensitive aspects of a divorce proceeding, and the laws are spelled out in the 750 Illinois Compiled Statute 5/. The court encourages you, the parents of children, to work together to devise a parenting plan that you can both agree upon.

When you cannot get on the same page, the court will often order mediation. If you cannot reach an agreement in mediation, the court has other options to help determine the best interests of your children. If all else fails, the judge will have to make a final determination based on the best interests of your children.

Let a Joliet Contested Divorce Attorney Help

Regardless of the nature of your situation, it is best to work with our skilled legal team at Reidy Law Office LLC to guide you through the divorce process. Emotions run high during divorce proceedings, so it is wise to take a step back and let a professional negotiate on your behalf. A Joliet contested divorce lawyer will do everything possible to help you obtain a favorable outcome. If you are ready, our legal team is here to help. Call today to schedule a consultation.