A divorce is contested when spouses cannot reach agreement on one or more issues — such as property division, spousal maintenance, child custody, parenting time, or child support. Disagreement on even a single major issue can make the divorce contested and require court intervention.
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Contested Cases
Experienced Contested Divorce Attorneys in Chicago
A contested case is one in which a spouse does not respond to the divorce notice, or asserts that certain issues need to be resolved prior to agreeing to the terms and conditions of the divorce.
What Issues May Need to be Resolved in Contested Cases?
- Spousal Maintenance
- Allocation of Parental Responsibilities
- Child Support
- Distribution of Marital Assets and/or Liabilities
How Can Contested Cases Be Resolved?
A contested case may be resolved in several ways:
- Mediation – In contested cases, if the spouses are close to agreement on most issues, it may be worthwhile to consider mediation. A trained mediator helps both spouses work out their differences and come to an agreement, which agreement terms can then be incorporated into a Marital Settlement Agreement and/or Allocation Judgment of Parental Responsibilities by an attorney for subsequent entry by a Judge.
- Collaborative Divorce – In contested cases, a collaborative divorce is one in which both spouses retain a lawyer skilled in collaborative law to help resolve the case. Other professionals, such as financial advisors, child psychologists, and personal coaches, may also be retained to help resolve specific issues in contested cases. If an agreement is not reached through collaboration, the services of the collaborative lawyers must be discontinued, and new lawyers must be retained to continue contested case proceedings.
- Litigation – If the above dispute resolution processes fail, contested cases may have to be settled in court through litigation. Such contested cases may become part of the public record. Your attorney must be well-versed in Illinois law and have the negotiation skills necessary to ensure your voice gets heard during the litigation process.
Retaining a highly-experienced and knowledgeable Chicago based divorce attorney is very important for expediting contested cases. Contact WARD FAMILY LAW, LLC, today!
Frequently Asked Questions
What issues are most commonly contested in Illinois divorces?
The most frequently contested issues include allocation of parental responsibilities and parenting time, division of complex or high-value marital assets, valuation of business interests, the amount and duration of spousal maintenance, and allegations of dissipation of marital assets.
What is the litigation process in a contested Illinois divorce?
After filing the petition and exchanging financial affidavits, the parties engage in discovery. If settlement negotiations fail, the case proceeds to trial where each party presents evidence and testimony. The judge then issues a ruling on all contested issues.
What is discovery in a contested divorce case?
Discovery is the formal process of exchanging information and documents between parties. This may include written interrogatories, requests to produce financial documents, subpoenas to third parties, depositions, and requests for admissions.
What happens at a contested divorce trial in Illinois?
Both parties present evidence, testimony, and legal arguments to the judge — there are no juries in Illinois divorce trials. The judge reviews exhibits, considers expert reports, and issues a written ruling resolving all contested issues.
How do I prepare for a contested divorce in Illinois?
Preparation includes gathering all financial documents, organizing evidence, understanding your legal rights, and working closely with your attorney to develop a clear strategy. Thorough preparation including anticipating the other side's arguments is essential.
Can a contested divorce settle before trial?
Yes. The vast majority of contested divorces settle before reaching trial, often after the discovery process provides both parties a clearer picture of the evidence. Courts commonly require mediation or settlement conferences before scheduling trial.
How much does a contested divorce cost in Chicago?
Contested divorces are significantly more expensive than uncontested ones due to discovery, court appearances, expert witnesses, and trial preparation. Complex contested divorces can cost tens of thousands of dollars. Ward Family Law is transparent about fee structures from the outset.
What is dissipation of marital assets in an Illinois contested divorce?
Dissipation occurs when one spouse wastes marital assets for a purpose unrelated to the marriage after it has begun to break down. The innocent spouse can request that the court adjust the property division to offset the wasted assets.
What should I look for in a contested divorce lawyer in Chicago?
Look for trial experience in Illinois domestic relations court, knowledge of financial discovery and expert witness management, a track record in contested custody cases, and the ability to remain strategic under pressure.
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