Contested Divorce Vs. Uncontested Divorce

If you are considering divorcing your husband or wife, it is extremely important that you understand all of the options available to you. In fact, before you even begin thinking about such complex issues as spousal support, child support, child custody and property division, you must think about how your divorce is likely to proceed.

At The Law Offices of Van A. Schwab in Chicago, we help clients throughout Illinois think through the following types of questions:

  • Are you and your spouse on relatively poor speaking terms and unable to communicate about your impending divorce?
  • Are you and your spouse in agreement on the divorce and all divorce-related issues?
  • Are you and your spouse able to discuss your divorce in a productive manner despite having some disagreements?

Depending upon your individual circumstances, it may be necessary to consider contested divorce, uncontested divorce or alternative dispute resolution. Attorney Van A. Schwab has more than three decades of experience handling family law matters. He will take the time to answer your questions and guide you along the path that is right for you.

Contested Divorce

Spouses pursue a contested divorce when they are unable or unwilling to reach an agreement regarding one or more of the following issues:

  • Parenting time and handling parental responsibilities (commonly called child custody and visitation)
  • Child support
  • Spousal support/alimony
  • Property division

In a typical scenario, each spouse retains his or her own lawyer and divorce litigation ensues if the parties cannot resolve their differences. Depending upon the circumstances, a contested divorce may take several months or years to complete.

Uncontested Divorce

In an uncontested divorce, both spouses are able to agree on all issues associated with the end of their marriage. Unlike contested divorce, it is often unnecessary for both sides to hire an attorney. Instead, the parties can agree to hire one lawyer to help them prepare and file the necessary documentation with the court.

Uncontested divorce has several significant advantages, including:

  • Reducing attorney fees and court costs
  • Dissolving your marriage much faster than through litigation
  • Sparing you and your children unnecessary anxiety and emotional strain
  • Preserving an amicable relationship with your former spouse

Contact Us

To learn more about the difference between contested divorce and uncontested divorce, and to decide which is right for you, contact our firm at 312-702-1745 (in Chicago) or 847-208-4569 (in Skokie and Libertyville).