When you enter a marriage, you don’t anticipate divorce. Marriage takes work, commitment, trust, and love to truly work. If you are missing one or all these traits, there’s a good chance your marriage isn’t going to work out, and you may have to prepare for the worst. If it turns out you are headed for a divorce, it’s not unreasonable to take extra precautions to protect yourself. When it’s looking like your divorce will be contested, a Metro East, IL, divorce lawyer can advocate for your interests.

Dealing With a Contested Divorce

Realizing your marriage has come to an end can be difficult. Nobody wants to admit their marriage has failed, but everyone who seeks a divorce is doing so for their own personal reasons. If you are about to get divorced, the last thing you want is a contested divorce. You will know if you are headed in that direction, as a contested divorce doesn’t usually come out of nowhere. It’s the culmination of months or even years of neglect, resentment, and pain.

An uncontested divorce is relatively easier to deal with, as both partners understand that the marriage has reached its logical conclusion. Nobody’s trying to hurt anyone, and both partners can often reach an amicable agreement regarding child custody arrangements and asset division. A contested divorce is the exact opposite. It is often personal, painful, emotional, and unpredictable. The spouse who is served is often the one who tries to ruin the other one.

In a contested divorce, there is no possible compromise to be reached. A contested divorce may be the result of one partner’s infidelity, abuse, neglect, or even financial manipulation. Everyone who gets divorced does so for their own personal reasons, which are going to come out in court. Your spouse’s primary goal may simply be to make you lose so much money fighting the divorce that you end up with nothing. A good divorce lawyer can prevent that from happening.

A Lawyer Can Be a Strong Advocate

While you are dealing with the turmoil of your contested divorce, you may find solace and great help in your divorce lawyer. You should hire someone experienced in cases similar to yours. Experience can give your lawyer a great advantage in your case. They can anticipate setbacks and give you advice on what’s likely to come. You may want a solid legal strategy throughout all this. A contested divorce may take some time to finalize.

Getting Divorced in Illinois

The process of filing for divorce in Illinois is fairly similar for contested and uncontested divorces alike. Both versions begin with filing the right petition in the correct circuit court. From there, your experience may differ, depending on your situation. The steps are more plentiful in a contested divorce, but an experienced divorce lawyer can help you work your way through them in a timely manner. Here is the general process for an Illinois divorce:

  • File the Right Paperwork: To begin your divorce, you will need to file a Petition for Dissolution of Marriage in the proper circuit court of the county where either you or your spouse currently resides. Your spouse will be promptly served with the papers and notified of your intent to divorce.
  • Negotiations: The negotiations will begin soon after your spouse is served. It is recommended that you hire an experienced divorce lawyer, as your spouse will likely do so themselves. During negotiations, your spouse’s lawyer and yours can work to find common ground regarding child custody arrangements, asset division, spousal support, and more. If agreements can’t be reached, your case will go to trial.
  • Trial: In a contested divorce, both sides will take the case to court. Each side will make arguments for their positions regarding the critical aspects of a divorce, including property division, spousal support, and arrangements for child custody and support if applicable. The judge will decide on these matters and issue a formal decree, ending the divorce.

FAQs

Q: What Are Some Positives of a Contested Divorce?

A: Considering that a contested divorce is arguably the most stressful way to pursue a divorce, it may be difficult to find any positive aspects to it, especially if you are going through it yourself. One possible positive aspect to a contested divorce is having significant legal protection throughout the process. You may not even consider hiring a lawyer for an uncontested divorce. Having an experienced lawyer by your side throughout the process can make you feel secure.

Q: What Are Some Negatives of a Contested Divorce?

A: There are many negative aspects of a contested divorce. The entire experience is likely going to be a very unpleasant memory for you when it’s over, even if you come out ahead. A divorce only becomes contested because both spouses are unable to reach a compromise. Some negative aspects include the time it takes to finalize, the amount it might cost you, and the difficulties of trying to compromise with someone who wants to hurt you.

Q: How Long Will My Divorce Take to Finalize?

A: There is no definitive way to know how long your divorce is going to take to finalize. Everybody’s divorce is different, with each case having its own contributing factors that make it a unique experience. Some of these include:

  • The amount of assets that need to be divided
  • Figuring out any custody arrangements
  • The willingness of each party to reach a compromise

A divorce takes as long as it needs to take.

Q: Can I Withdraw My Divorce Petition If I Change My Mind?

A: Yes, you are allowed to withdraw your divorce petition if you suddenly change your mind and wish to work things out with your spouse. You can withdraw your petition at any time before the hearing or trial begins. To do this, you will need to file a Motion to Dismiss. You won’t be able to recoup any money you’ve already spent on the divorce thus far. You may also have to pay your spouse’s court costs.

Contact Us Today

At Stange Law Firm, we can help you figure out a way forward for your divorce. Contact us to set up a consultation with one of our attorneys.