Deciding Between an Amicable Divorce and a Contested Divorce

 Posted on February 18,2021 in Divorce

In most cases, you might assume that there is really no moment to decide between an amicable divorce and a contested divorce when you and your spouse are ending your marriage. If you are amicable with one another, it will be uncontested; if you are argumentative with one another, it will be contested. However, it may not be that simple if you and your spouse choose to weigh your options and compromise to decide what is best. For instance, if you are following through with a contested divorce, the divorce process can be complicated, complex, and challenging, not to mention expensive. However, amicable divorces are not always perfect either since their uncontested nature might leave major issues unaddressed that could be troublesome later on down the road, whether it involves child custody, property division, or other issues. In that sense, you and your spouse must be very thoughtful and deliberative in your decisions regarding a divorce. Below are some tips for how to approach this important decision.

3 Things to Consider When Determining the Type of Divorce in Illinois

For many people, it will be obvious as to whether an uncontested or contested divorce is the proper pathway to dissolving the marriage, but other couples might find it advantageous to discuss the two options further with each other, reaching a compromise of sorts prior to their Illinois divorce. Here is why:

• Finances—Depending on your financial situation, even if you have grievances or other major concerns with the divorce that need to be addressed and negotiated, you might want to discuss an initial compromise by agreeing to an uncontested divorce since it is less expensive.

• Time—Contested divorces typically take longer than uncontested/amicable divorces. Part of the reason is that they must go to trial where everything must be litigated or decided by a judge in order to make sure both sides receive an equitable division of property and assets, among other things.  

• Complex Living Situation—The most important point to consider in all of this, though, is your living situation. If you have complex issues; for instance, if you have a child or several children, a lot of property, or several complicated assets, including business ownership or many financial accounts like retirement and other investments, then the expense and time needed for the contested divorce are certainly worth it.

Contact a Kane County Divorce Attorney

No matter which type of divorce you choose to pursue with your spouse, be sure to contact an experienced St. Charles contested divorce lawyer to provide you with the proper legal guidance. Be it a brief consult to simply understand the process or a more serious and in-depth review of your case, the Law Office of Matthew M. Williams, P.C. can help protect your rights every step of the way. Call us today at 630-409-8184 to schedule an initial consultation.

Sources:

https://www.isba.org/public/guide/gettingadivorce

https://www.ilga.gov/legislation/ilcs/ilcs4.asp?DocName=075000050HPt%2E+IV&ActID=2086&ChapterID=59&SeqStart=3800000&SeqEnd=5300000

https://courts.illinois.gov/forms/approved/divorce/Divorce_No_Children_How_To_Approved.pdf