What's the Difference Between Contested and Uncontested Divorce?

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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.

• 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 a quarter century of experience handling family law matters. He will take the time to answer your questions and explain what's the difference between contested divorce and uncontested divorce.

To schedule a consultation with Mr. Schwab, contact the firm through this Web site or by calling 847-208-4569 (in Skokie) or 312-462-0411 (in Chicago). The Law Offices of Van A. Schwab represents clients in Skokie, the North Side of Chicago, and Libertyville.

What's the Difference Between Contested and Uncontested Divorce?

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:

• Spousal Support / Alimony
• Property Division, including Closely Held Business Division
• Child Custody
• Child Support

In the typical scenario, each spouse retains their 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.

Collaborative Divorce ● Mediation ● Arbitration

Couples who disagree on certain divorce-related issues but who wish to avoid lengthy and costly court proceedings, including spousal support disputes or child battles, may consider alternative dispute resolution. The Law Offices of Van A. Schwab assists clients with the following:

• Collaborative Law - A team approach to getting a divorce done, often involving accountants, social workers, other experts, and two attorneys. The attorneys may agree not to file any papers in court during the process. These attorneys may not represent the parties if they decide to go to court.
• Arbitration - Offering couples the option of settling their divorce matters out of court by working with an arbitrator, who makes a binding judgment on the case.
• Divorce Mediation - Allowing couples to come to an agreement on divorce matters with the help of a third-party mediator. A mediator does not represent one party or the other.

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 Family Court.

Uncontested divorce has several significant advantages, including:

• Saving you and your former spouse from spending vast sums of money on attorney fees and court costs
• Dissolving your marriage in a timely manner, often only a few months
• Sparing you and your children from the anxiety and emotional strain of a prolonged divorce
• Preserving an amicable relationship with your former spouse

Contact Us

To learn more about what's the difference between contested divorce and uncontested divorce, contact the firm to schedule an appointment. We offer a free initial consultation (first 30 minutes) and flexible hours.