Contested vs. Uncontested Divorce in Will County

Divorce can be a lengthy, expensive, and emotionally draining process—not only for both spouses but also for children as well as close family members. When a divorce is contested, even over just one issue, it can drag the proceedings out for months or even years, and build animosity between disputing spouses unable to come to an agreement on the terms of ending their marriage.

Our divorce lawyers understand the delicate nature of a divorce and individualized care that all cases require. Whether a divorce is contested or uncontested, our skilled divorce attorneys offer experience, dedication, and guidance to divorcing couples in Will County and the surrounding areas.

What is an Uncontested Divorce?

The Illinois Marriage and Dissolution of Marriage Act legally defines a divorce or the end of a marriage as the “dissolution of marriage.”

Before filing for a divorce in Will County, one spouse must have been a resident of the State of Illinois for at least 90 days. Either spouse may file for divorce in the circuit court of the county in which they reside, according to 750 Illinois Compiled Statutes 5/401(a).

Sometimes, the decision to end a marriage is mutual between both spouses and many outstanding issues inherent to divorce proceedings, such as dividing property and custody concerns, can be solved with relative simplicity. An uncontested divorce may occur when the spouses agree on the division of all property and assets, any child custody arrangements or visitation, tax issues, the repaying of any debt, and if one party will pay spousal maintenance or child support to the other.

Grounds for Contested Divorce in Will County

The term contested divorce, on the other hand, typically refers to a divorce where both spouses cannot come to an agreement on terms regarding the above marital issues.

Pursuant to 750 Illinois Compiled Statutes 5/401, a court can enter a judgment dissolving a marriage based on irreconcilable differences, which the statute defines as disagreements that caused the breakdown of the marriage and persisted through all attempts at reconciliation. However, after Public Act 99-90 went into effect as of January 1st, 2016, there are no longer any fault-based grounds for divorce in Illinois. This means that “irreconcilable differences” are now the only grounds on which a Will County divorce may be based.

Consult with an Experienced Will County Attorney for Help

Our skilled attorneys offer experienced and knowledgeable assistance with issues such as the legal definition and requirements of a contested divorce, marital issues to address in an uncontested divorce, and filing all necessary paperwork needed for a divorce — whether contested or uncontested. Contact our legal team of dedicated divorce attorneys today to learn how we may be able to help you.

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