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Contested vs. Uncontested Divorce

Bolingbrook, IL Family Law & Divorce Attorneys

Clients facing a divorce deal with an enormous amount of stress before the court papers are even filed. The end of a marriage and an uncertain future leads to many questions that a qualified attorney can help to answer. Clients who have made the difficult decision to proceed with a divorce should be aware of the basics, so that they can begin to make the best choices for their family going forward. One issue to consider when going through a divorce is whether the matter will proceed as a "contested," or, "uncontested," matter.

Uncontested Divorce

An "uncontested," divorce is a divorce in which both parties agree to all the terms of the divorce settlement without the help of a judge. The terms of a divorce settlement address all of the issues that arise as a result of the marital relationship, including property division, child support, spousal support, and child custody. In an uncontested divorce, the parties and their attorneys work together to negotiate a divorce settlement.

A qualified attorney can help decide if the terms of the divorce settlement are fair and equitable. Once all issues have been settled, the parties in an uncontested divorce should only have to appear in court one time, to present the divorce settlement agreement to the judge. Many firms will handle an uncontested divorce for a flat fee, as opposed to a retainer fee agreement.

An uncontested divorce can save a client money and time - but if the parties cannot agree on the terms of settlement, an uncontested divorce may not be possible.

Contested Divorce

A "contested," divorce is a divorce in which the parties cannot agree on some or all of the terms that must be addressed in a divorce. In a contested divorce, the parties must go to court and have a judge decide the issues of property division, child support, spousal support, and child custody. The parties may be required to appear in court many times, and will likely have to testify in front of a judge.

A qualified attorney can help a client prepare to best present their position in court. Most attorneys require a retainer fee to handle a contested divorce.

It is important to seek the advice of an attorney at the outset of a divorce, to help answer the many questions that arise. An attorney can explain the law and advise a client on which issues in the upcoming divorce might be easily resolved, and which issues may require litigation.

Go Law Office can help you with your divorce.

Call us today at (630) 679-0930 to get your divorce started.

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