What are Contested and Uncontested Divorces?
Answer: A case is contested if the parties cannot agree on every one of the issues involved in their particular situation.
Common areas of disagreement include, but are not limited to, the following:
- division of assets,
- child support,
- maintenance (alimony),
- payment of family debts,
- contribution toward educational expenses (college or parochial),
- payment of health insurance for the dependent spouse,
- income tax structuring, etc.
AN UNCONTESTED CASE IS WHERE THE PARTIES REACH AN AGREEMENT. THESE CASES TAKE 3-4 WEEKS AND INVOLVE ONLY ONE OFFICE VISIT.
When a divorce case is filed, it is given an identification number and is deemed by the court to be a matter that will ultimately require trial time in order to resolve all issues. Cases are generally called for trial in the order in which they were filed.
A case remains “Contested” until each and every item is resolved. If, however, at any time during the pendency of the case, the parties and their attorneys can reach an agreement on all of the issues, they can then stipulate to the court to have the matters heard as an “Uncontested” matter. When this occurs, the court will accommodate the parties and provide an expedited Hearing in which it will hear proof regarding the grounds and the settlement. If the standards of the court and the law are met, the court will approve the settlement and enter Judgment on that day or shortly thereafter.
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Richard and Kari are staunch advocates of the non-court approach to divorce, and are also active and seasoned litigators with over 70 years of combined trial experience in the Illinois divorce courts of Cook, DuPage, and Will counties.