What Type of Divorce Litigation is Right For You?

 Posted on February 24,2022 in Chicago divorce attorney

Depending on the nature of a divorce, there are many different ways that lawyers and spouses can proceed with dissolving the marriage. Typically, an amicable divorce will stay out of the courthouse — lawyers can help manage the paperwork to file for divorce and divide each of the shared assets between partners. However, when a divorce is contested, lawyers may move to litigation in court. Despite preconceived notions on what divorce litigation may look like from television shows and movies, there are a variety of ways to litigate, or fight for a case, in court. By speaking to an experienced attorney, spouses can determine what type of divorce litigation is right for them.

Choosing to Litigate

Before diving into the types of litigation that are typical during a divorce hearing, it is important to understand why litigation is necessary for many spouses. There are two types of divorces in Illinois: uncontested and contested. An uncontested divorce includes spouses who are amicable and agree upon the division of shared assets, child custody, and other divorce issues during the dissolution. This would mean that the spouses can work together and sign all of the necessary paperwork without having to defend their decisions through the help of an attorney. 

A contested divorce is when the spouses do not agree on all the elements of the divorce decree. Usually, this includes spouses who do not agree upon the amount of spousal support, child support, or child custody agreements. Contested divorces can be handled in a few ways including mediation or other alternative options that can lead to a mutual agreement. However, when the spouses are completely unable to come to a consensus, litigation may become necessary to move forward. 

Client-to-Client Communication

The first type of litigation that can occur during a divorce hearing is where both spouses remain in communication. This would be the most amicable of all the litigation types. Each spouse has their own opinion on what type of agreement they would like to see, and they are fighting for their right in court with an individual attorney. However, the spouses are still communicating with one another during the process.

Attorney Agreement 

The second type of divorce litigation occurs when the spouses are not communicating whatsoever. In this scenario, both parties' attorneys work together and present the judge with a single motion. This would mean that the decision-making occurs through attorney deliberation and communication. The judge can either accept or deny the single motion.

Separate Motions 

The last type of divorce litigation occurs when the attorneys are not able to come to an agreement and file separate motions to the judge. The judge will decide upon one motion or the other. 

Finding a Will County Divorce Lawyer 

If you are in the process of dissolving your marriage and are looking for legal assistance, the The Law Office of Matthew M. Williams, P.C. is ready to help. Our Will County divorce lawyer Matthew M. Williams has years of experience working alongside spouses to come to a mutual divorce agreement. Williams can help walk you through your options and even support you through the litigation process of a divorce. To schedule a consultation with us, call 630-409-8184 today. 

Source(s):

https://www.ilga.gov/legislation/ilcs/ilcs4.asp?DocName=075000050HPt%2E+IV&ActID=2086&ChapterID=59&SeqStart=3900000&SeqEnd=5400000