Contested and Uncontested Divorces in Kendall County

 Posted on October 12,2022 in Divorce

Effective January 1, 2016, Illinois transitioned to a no-fault divorce state.  Public Act 99-90 (SB 57) amended the Illinois Marriage and Dissolution of Marriage Act, 750 ILCS 5/101 et seq., eradicating the at-fault divorce law when spouses could be held accountable for divorce.  If a spouse commits infidelity, mental or physical abuse, or financial fraud, they will not be blamed for the marriage's demise. The benefit of a no-fault divorce state mitigates family trauma as neither spouse is culpable. Divorce is either uncontested or contested. Whether you proceed with an uncontested or contested divorce, retaining a good divorce attorney is imperative.

Ten Essential Steps to an Uncontested Divorce

Even if you are lucky enough to have an uncontested, amicable divorce, each party should still retain counsel. A lawyer can evaluate the spouses’ agreed-upon proposals and accurately draft the divorce decree. Hiring a lawyer to assist with an uncontested divorce is also crucial if the couple has children, has been married for an extended period, has a high net worth, or has high-value assets.  The benefit of an uncontested divorce is that neither party has to appear in court, which renders the process cost-effective, timely, and peaceful. An uncontested divorce usually entails the following steps.

1. Retain legal counsel

2. Determine equitable division of property

3. Divide any debts

4. Determine any maintenance

5. Decide child support

6. Establish parental responsibilities

7. Establish parenting time

8. Complete paperwork

9. Sign divorce decree

Contested Divorce in Illinois 

A contested divorce occurs when each divorcing party is unable to negotiate an agreement. The divorce is resolved in court. The spouses may be able to negotiate a settlement before the divorce trial. If no settlement is reached, a judge makes the final decision on the divorce decree, which includes equitable division of assets and debts, maintenance, child support, parenting time, and parental responsibilities. Contested divorces can be costly, time-consuming, acrimonious, and emotionally traumatizing. Sometimes the divorce proceedings involve a mediator, a Guardian ad Litem (GAL), a forensic accountant, a financial advisor, or expert witnesses. 

Contact a DuPage, Kane, and Kendall County Divorce Lawyer 

At The Law Office of Matthew M. Williams, P.C., dependable divorce attorney Matthew M. Williams understands the complexities of contested and uncontested divorces. Certified in both collaborative and cooperative law, attorney Matthew M. Williams is sensitive to the needs of his clients and skilled in the art of negotiation.  Dedicated and results-driven, lawyer Matthew M. Williams aggressively advocates for favorable solutions. If you are preparing to divorce, contact an Aurora family law lawyer at 630-409-8184.

Sources:

https://www.ilga.gov/legislation/ilcs/ilcs4.asp?ActID=2086&ChapterID=59&SeqStart=3700000&SeqEnd=5200000

https://www.investopedia.com/terms/f/forensicaccounting.asp