Will County does not have a specific kind of divorce that is referred to as a contested divorce. There is such a vehicle called an uncontested divorce within the law, but it is not common. The parties must meet certain threshold requirements to file a joint simplified divorce, and often end up getting a “contested” divorce instead. With that in mind, there are certain considerations in Will County divorce cases that it is important to keep in mind, and a capable contested divorce attorney could help you do so. Work with a lawyer that could advocate for you.
An uncontested divorce is a specific kind of a joint simplified dissolution. That means if the parties want to file together, they can do so. There are certain requirements for a joint simplified divorce. For example, neither party can be dependent on support.
The parties understand that they have the right to ask an attorney to review whether either party is eligible to receive spousal support under the law.
One of the requirements is that neither party can be part of the military. There must be irreconcilable differences, which is common. The couple has no children born during the marriage, no children adopted during the marriage and the wife is not pregnant. The length of the marriage must be eight years or less.
The couple does not have any real property or retirement benefits unless the combined retirement benefits are less than $10,000. They must waive their right to their maintenance. The fair market value of everything they own is less than $50,000 combined and both parties have less than $60,000. The combined gross income is less than $50,000 and neither party makes more than $30,000. The couple must disclose all their assets together and then have a verbal or written agreement.
When someone tries to meet all of those requirements, it becomes apparent that few people qualify for an uncontested joint dissolution. The best way to start is by defining joint simplified dissolution.
Due to the fact that most divorces cannot meet the requirements for an uncontested dissolution, they end up pursuing a contested dissolution even though they can become uncontested by common terminology. A contested issue is when the parties disagree on something, so they try negotiation and mediation and still cannot reach an agreement.One of the Will County contested divorce considerations to keep in mind, is what issue is at the center is the role of the judge. Ultimately, it is the judge makes a decision and that means the issue as contested.
One of the considerations to keep in mind during a contested divorce in Will County is that every divorce situation is different. The most difficult issues to resolve involve the children. The parties consider custody arrangements, visiting arrangements, child support, and holidays. If the parties are set in their ways as to how they think the children should be raised, there is more of a conflict.
Another thing to consider in divorces that might be contested is the evaluation of a privately-owned business. A financial accounting must be done from a tax perspective and running the business. The business has to be valued which could be subjective in some criteria where the parties cannot agree on the value.
The same applies for other things such as the evaluation of items, especially a house. There are different ways to determine the value of something. The parties might implement a multi-step process. The first step is assessing the value. The second step is determining who gets that item. When the parties cannot agree on the value of an item, they may need to have experts come in and testify. For example, people may have a general idea of what their house is worth. It is truly only worth what someone is willing to pay for it. When the parties are so far apart in their negotiations of a value, an expert could come in and testify as to an appraisal bond and what they think the house is worth.
When someone comes to a lawyer regarding a contested divorce, they bring their perceptions about what is going on with their spouse and a lot of emotions. The lawyer has to remind the person that their case is not about what they know, it is about what they can prove. The person must have proof to show the judge their side of the story.
When the situation is falling apart and a settlement cannot be reached, the lawyer determines how to prove what they want to prove at trial. The lawyer decides who testifies on their client’s behalf and the subject of their testimony. A good litigator negotiates throughout the settlement process while planning how to prove what they need to prove if the negotiations break down. If the case goes to trial, exhibits have to be prepared, witnesses must be located, and other items are presented to prove the case. If you want to know more about what considerations to keep in mind while going through a contested divorce in Will County, speak with a knowledgeable divorce lawyer today.