Contested vs. Uncontested Illinois Divorces
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DuPage County Attorneys


900 E. Roosevelt Road, Lombard, IL 60148

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134 N. Bloomingdale Road, Bloomingdale, IL 60108

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1730 Park Street, Suite 202, Naperville, IL 60563

Phone: 630-420-1000

Contested vs. Uncontested Illinois Divorces

Posted on in Family Law
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Illinois divorces can generally be classified as either contested or non-contested. When one partner doesn’t want a divorce, this constitutes a contested divorce. Yet even if the parties agree to divorce, there are other issues that can make the divorce contested, including disagreements over child support, child custody, or division of marital assets and debts. When there are no conflicts in any legal aspect of the divorce, the divorce is considered uncontested.

 For an uncontested divorce in Illinois, the soon-to-be-exes must be in complete agreement over things like spousal support (alimony), child custody and support, and how property should be divided. Unless a divorce settlement can be reached, In a contested divorce, the disputed issue will generally be decided by the court. Even in an uncontested divorce, the agreed-upon terms must be approved by the Illinois divorce court.

In the majority of divorce cases, the spouses split their attorneys fees. This means that even if you don’t want to get divorced, you will most-likely still be responsible for hiring and paying for a divorce lawyer. However, in some cases – particularly when there is a large discrepancy between the spouse’s income – the spouse with the higher worth will be ordered to pay for all or a portion of the other spouse’s attorneys fees.Many times, the court decides to split the cost of the divorce in a ratio that takes into account each party’s income.

Getting divorced can be stressful, and the divorce process is often complex. It’s essential to have an experienced and compassionate divorce lawyer on your side if you’re going through a divorce in Illinois.


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