Aurora, IL Contested Divorce Attorneys

Trusted Attorneys Representing Clients in Divorce Litigation in Aurora, Illinois

Many divorcing couples work to end their marriage as amicably as possible, using collaborative law or mediation to negotiate a settlement and avoid expensive courtroom litigation. However, not every situation can be resolved peacefully. In some cases, significant disagreements, high levels of conflict, or complex legal and financial issues will require the intervention of the court. When this occurs, the case is considered a contested divorce, and a divorce trial may be necessary.

At The Law Office of Matthew M. Williams, P.C., we provide strategic, experienced representation for clients involved in contested divorces across DuPage, Kane, and Kendall Counties. With more than 20 years of experience, Attorney Matthew Williams has litigated over 1,000 cases. Our team understands the challenges that clients face during contested divorce cases, and we know how to advocate assertively to protect your rights and help you achieve your goals.

What Is a Contested Divorce?

In most cases, spouses are able to complete an uncontested divorce by negotiating a settlement outside of court. However, when spouses cannot agree on one or more major issues related to the end of their marriage, litigation may become necessary. In these cases, a divorce trial may be held, and each party will present their position in court. A judge will make decisions based on the evidence and the applicable laws, and they will issue a divorce judgment that will finalize the dissolution of the couple's marriage.

Common Reasons for a Contested Divorce

A divorce may become contested for various reasons, including:

• Mistrust or poor communication between spouses
• Disputes over child custody or parenting time schedules
• Disagreements about how much child support one parent should pay based on the income they are currently earning or should be able to earn
• Concerns about financial misconduct, including hidden assets or dissipation of marital funds
• One party's refusal to agree to certain terms in a divorce settlement in order to delay the process or gain leverage
• Disagreements about the valuation of marital assets, including high-value assets like businesses, real estate property, or investment portfolios
• Disputes related to spousal maintenance, such as when one party argues that ongoing support is necessary, while the other disputes the need for alimony
• Arguments over whether a prenuptial or postnuptial agreement is valid and how the terms of these agreements may apply in a divorce

Steps in the Contested Divorce Process

At The Law Office of Matthew M. Williams, P.C., we guide clients through every phase of a contested divorce, including:

1. Initial Consultation and Case Assessment: We will begin with a comprehensive consultation where we will take the time to understand your goals, assess the complexity of your case, identify issues that could lead to disputes, and help determine whether it may be possible to resolve disputes through negotiations or cooperative solutions.
2. Filing and Response: The divorce process will officially begin when one spouse (the petitioner) files a Petition for Dissolution of Marriage. The other spouse (the respondent) must file a formal response, and they may contest the claims made in the petition if necessary.
3. Temporary Orders: In many contested cases, one or both parties will request temporary relief to address urgent issues such as parenting time, spousal maintenance, or exclusive possession of the marital home while the case is pending.
4. Formal Discovery: Information will be exchanged between the parties through financial disclosures or other methods. The discovery process may involve written questions, requests to produce documents, subpoenas for records from third parties, or depositions in which the parties or other witnesses will give sworn testimony outside of court. Thorough discovery can help uncover critical facts, especially in cases involving complex assets or financial misconduct.
5. Pretrial Conferences: The court may schedule one or more conferences to assess the progress of the case, encourage settlement discussions, and resolve procedural disputes.
6. Trial Preparation: If the case proceeds to trial, our attorneys will help to prepare by identifying witnesses, organizing evidence, and developing legal arguments. We may work with financial experts, child custody evaluators, vocational experts, or real estate or business appraisers to address the factors involved in a case.
7. Trial: During a divorce trial, both parties will present their cases, and the judge will issue decisions on all unresolved issues. A Judgment for Dissolution of Marriage will be issued, and both parties will be required to follow its terms going forward.

Contact Our Aurora Contested Divorce Attorneys

If your divorce is likely to be contested, or if you are already facing litigation, you need to have an experienced legal advocate by your side during your case. At The Law Office of Matthew M. Williams, P.C., we have the courtroom experience needed to guide you through a contested divorce and help you succeed in a divorce trial. Contact our Aurora, IL contested divorce lawyers at 630-409-8184 to arrange a free, confidential consultation.