While some spouses may split amicably, other divorce proceedings may prove to be much more combative. If you are facing a difficult divorce, you probably need the skilled legal representation of a Naperville contested divorce lawyer. Our divorce attorneys could guide you through the divorce process and seek to alleviate your stress during this emotionally draining period. Our legal team at Reidy Law Office LLC can help you through every step of the process and help you seek a fair settlement.
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.
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.
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.
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, a neutral third party would work with both divorcing spouses in an attempt to reach a mutually beneficial solution.
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.