What a Naperville Contested Divorce Attorney Can Do For You

Some spouses can divorce amicably, but when a divorce becomes combative, it can become even more emotionally and mentally draining for the parties involved. In such situations, it’s crucial to have a skilled and experienced legal team on your side to guide you through the process and help you seek a fair settlement.

If you’re facing a difficult divorce in Naperville, our contested divorce lawyers can provide you with the legal representation you need. Our team, lead by Illinois Divorce Attorney Brian Reidy, has the experience handling complex divorce cases and can help you navigate the legal system to protect your rights and interests.

What Common Contested Divorce Issues Can We Help Resolve?

While there are a variety of issues that could lead to a contested divorce situation, some of the most common points of contention are issues involving your children, how assets and liabilities will be divided, and even whether or not a dissolution of the marriage is warranted. Child custody, spousal maintenance, and the division of debt are also frequently contested issues in divorce proceedings. When conversations break down. Common points cannot be agreed on. And mediation fails to find shared satisfaction, these points of contention can lead to a contested divorce. 

  • Child Custody: This is one of the most emotionally charged and contentious issues in a divorce proceeding. Parents may disagree on who should have physical custody of the children and how much time each parent should spend with them. Parents may also disagree on legal custody, which refers to the decision-making authority of a parent with regard to the child’s health, education, and welfare.
  • Child Support: This is another key issue in a contested divorce, as parents may disagree on how much support should be paid and who should pay it. Factors that are typically considered when determining child support payments include the income of both parents, the child’s needs, and the time each parent spends with the child.
  • Spousal Maintenance: This is also known as alimony or spousal support, is another issue that may be contested in a divorce. One spouse may believe they are entitled to receive support payments from the other spouse, while the other spouse may disagree. Factors that are considered when determining spousal maintenance include the length of the marriage, the income and earning potential of each spouse, and the standard of living during the marriage.
  • Property Division: Couples may disagree on how assets and liabilities should be divided, including the family home, vehicles, retirement accounts, and other property acquired during the marriage. The laws of the state where the divorce is taking place will dictate how property is divided, but couples may still dispute the specifics of the division.

There are certain jurisdictional requirements to get divorced in Illinois, which can be treated like a checklist. Divorce proceedings may be initiated as long as one of the spouses has lived in Illinois for at least 90 days. Next, you must prove that you and your spouse have “irreconcilable differences” and have been “separated” for more than six months as of the Judgment. “Irreconcilable differences” essentially means that either you or your spouse no longer want to try to save the marriage. “Separated” does not mean living in another house or even that you are sleeping on the couch. It just means that you or your spouse feels that the marriage has been broken for a significant time and that you have not been living like a happily married couple during this time.

Temporary Relief

Unfortunately, contested divorces frequently take longer to settle than uncontested ones. Due to this, the court may grant temporary orders that would be enforced until the court modifies the temporary order or until your divorce is final. This could include short term decisions such as who is paying the bills or the parenting schedule of you and your spouse.

Temporary orders are either entered by agreement or your assigned judge will make a decision. In some situations, temporary orders are “non-evidentiary” meaning the court will not consider arguments or significant evidence. This is common in situations where the parties live separately and one party needs child support. If an evidentiary hearing takes place, both sides would be permitted to provide certain supporting evidence for the court’s consideration before the judge makes a ruling. An attorney could work diligently to reach a favorable resolution in your case.

Methods to Settle a Contested Divorce

Can Mediation Help During A Contested Divorce?

A Naperville attorney may recommend several approaches in an effort to settle a contested divorce without litigation, since going to trial can be costly and prolonged. For example, mediation may prove to be a viable strategy to try to settle each party’s difference out of court.

During mediation, the parties work together with a neutral third party to identify the issues in their divorce and attempt to reach agreements surrounding child custody, support, and property division. Mediation can also help the parties open up communication channels to facilitate better co-parenting and future cooperation.

A key benefit of mediation is that it allows the parties to maintain control over the outcome of their divorce. Compared to litigation, which can leave decisions in the hands of a judge, mediation allows parties to come to their own solutions that work best for their unique situation.

Mediation may not be suitable for every situation, particularly in cases where there is a history of abuse or one party is unwilling to cooperate. However, for those willing to work together, mediation provides a more cost-effective and efficient means of achieving a resolution.

Reach a Naperville Contested Divorce Attorney

A Naperville contested divorce lawyer could provide dedicated legal assistance and stand up for your rights both in and out of the courtroom. It is vital to have a qualified attorney on your side from the outset who could be your compelling legal champion and construct a strong case on your behalf. Call today to schedule a consultation.