Is a Contested or Uncontested Divorce Right for You?

When considering a divorce, one of the first considerations will be determining how to best proceed. For most divorcing spouses, there will be numerous issues, which they will be unable to decide upon before the divorce proceeds. For other families, there not be any considerable property or child-related issues, and they can agree on all the terms without a trial.

At The Law Offices of Van A. Schwab, we can help you understand the costs, benefits, and risks of the divorce options available to you. Attorney Van A. Schwab has been providing trusted counsel and advocacy for clients in Chicago and the surrounding areas of Illinois for more than 40 years.

Important Considerations in Determining the Best Path

  • 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 allocation of parental responsibilities (formerly called child custody and visitation)

  • Child support

  • Spousal support/alimony

  • Division of assets and debts

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

Whether you choose to proceed with a contested or uncontested divorce, it is important to have a lawyer helping you through the process and protecting your interests.

Contact Us

To learn more about the difference between a contested divorce and an uncontested divorce, and to decide which is right for you, contact our firm.