Uncontested and Contested Divorces

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If you find yourself in the position of considering divorce, it is very important that you first understand all the legal options available to you. In Chicago, there are several options available for you depending on your family’s needs, which is why the first step should be to consult an experienced divorce lawyer in your area. Ultimately what it reduces down to is, if the best option for you and your family is divorce, will the divorce be contested or uncontested.

In Chicago, as in most places, in addition to arbitration or mediation there are two types of divorces that lawyers can guide you through. Which one you choose depends on the current dynamic in your family household. Are you and your spouse still effectively communicating your expectations during this transition? Do you and your spouse both agree that divorce is ultimately what you need? Is there any tension that is making it difficult or impossible to speak frankly about your divorce?

Uncontested Divorce

An uncontested divorce is the best option if both parties agree on the divorce.   There are several advantages to going this route, including the monetary aspect. In an uncontested divorce, it may not be necessary for both parties to hire separate divorce lawyers as long as they can mutually agree on terms. Some Chicago based divorce law firms may even offer a flat rate in these cases.

Other benefits of the uncontested divorce include:

  • Time – an uncontested divorce assisted by a single Chicago divorce lawyer can help you dissolve your marriage in as little as four to six weeks.
  • Stress – an uncontested divorce is the least stressful of the two options, and can spare all parties involved emotional strain.
  • Relationships – because the uncontested divorce in Chicago does allow for a relatively smooth transition for the family, it is much easier for both parties to maintain a good-natured relationship with their former spouse. This is especially important in a family situation in which children are involved.

Contested Divorces

In some family situations, an uncontested divorce is simply not an option. If both parties cannot mutually agree on the terms of a divorce, even with the guidance of a divorce lawyer, then they may need the courts to intervene.

The main issues that Chicago courts will determine are:

  • Child support / child custody
  • Division of assets / property
  • Spousal support / alimony

In order to ensure you get what you are entitled to, it is very important to be represented by an experienced divorce lawyer who is well-informed on Chicago divorce laws, which change and update regularly.

About Maria J. Jaffe

My career as a divorce attorney is dedicated to helping families and individuals through these difficult life changes. My focus is always on the best interests of my client, and I will work hard to ensure that your divorce is as easy a transition as possible. My services as a Chicago divorce lawyer include guidance in both contested and uncontested divorces; I am here to help you.