Filing for Divorce – Contested vs. Uncontested

If you want to end your marriage you can file for divorce.

Reasons for divorce in Illinois include:

  • Mental Cruelty
  • Physical Cruelty
  • Drug Addiction or Drunkenness; or
  • Irreconcilable differences.

There are two kinds of divorces – contested and uncontested.

Contested

The parties do not agree either about getting divorced or about the terms of the divorce, such as the division of property, debts, child custody, child support, and/or maintenance. In a contested divorce, generally both parties are represented by attorneys and the process can be quite time consuming and expensive.

Uncontested

The parties agree on everything and do not need the court to divide property or make determinations on child custody, child support, or maintenance. Generally, an uncontested divorce is a much quicker, cheaper, and a less complicated process. In an uncontested divorce, it is possible to hire one attorney to write up the parties agreement which becomes the Marital Settlement Agreement.

Settlement

It is common for divorcing couples to begin the divorce process as a contested matter and then reach an agreement as to the terms of the divorce. If an agreement is reached, just as in an uncontested divorce, the terms of this agreement will then be outlined in a Marital Settlement Agreement.

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We look forward to speaking with you if you have any questions about proceeding with your divorce as contested or uncontested. We can explain to you our different rates for each and how the legal proceedings differ for each.

 

Author: Ellen Grennier, Associate Attorney.