Every divorce in Kankakee County follows a basic process, regardless of whether it is contested or uncontested. However, the process will differ slightly depending on whether the parties can agree. Contested divorces refer to divorces where the parties cannot reach an agreement on the major issue. In an uncontested divorce, the parties have already reached an agreement and just need the judge’s approval. A knowledgeable divorce attorney can help you better understand the difference between contested and uncontested divorces and provide guidance throughout the process.
A contested divorce is when the parties do not agree on one or more issues. Ultimately, they need an impartial party to decide on the issues for them. The issues in a contested divorce tend to involve children, finances, division of assets, and valuations of certain items.
The role of the lawyer differs in a contested divorce compared with other types of divorces. The job of an attorney in a contested matter is to help the parties understand, their options and to help them focus on their goals.
The interests of the children are ultimately protected by the court, and potentially by an attorney for the children. The court can create a parenting plan based on what they think is best for the children. An attorney can further explain the standard courts use to determine the best interests of the children.
An uncontested divorce is where the parties agree on everything at the start of the process. The parties have not only agreed to get divorced but also on the issues that are applicable to them. If they have children, they have a written parenting plan or written agreement that they can follow. They have also divided their assets and liabilities.
The process moves relatively quickly. The parties file their petition to file a motion to appear in front of the judge as soon as they have a written agreement. The judge will then review and approve of the agreement. An attorney can help guide you through the process of an uncontested divorce.
An uncontested divorce is not the same as filing irreconcilable differences. Every divorce case is filed based on irreconcilable differences regardless of whether it is contested or uncontested. Irreconcilable differences simply mean that the marriage is irretrievably broken.
For an uncontested divorce to become a contested divorce, the parties have to come to an issue they cannot reach an agreement on. When this happens, they must resolve the issue prior to having the agreement approved by a judge.
Regardless of whether your divorce is contested or uncontested, it may be beneficial to have a well-versed Kankakee County attorney who can help guide you through the process. An experienced lawyer can help you identify what matters most to you and reach an agreement that reflects your interests. Call today for help with your case.