What Is the Difference Between Uncontested and Contested Divorce?

The divorce process is unique for every couple. One main difference, however, is that each couple must choose between undergoing an uncontested divorce or a contested divorce. Read on to discover the difference between the two and how a seasoned Peoria divorce lawyer or Pekin divorce lawyer of Butler, Giraudo & Meister, P.C., can guide you toward what’s best for your situation.

What is considered an uncontested divorce in Peoria County?

An uncontested divorce is a process to finalize a settlement agreement used by couples who can agree on all divorce-related terms. Key divorce terms include child custody, child support, property division, and spousal maintenance, among others. Evidently, this is best for couples who have remained amicable since their separation.

Notably, an uncontested divorce does not need to undergo litigation proceedings. Rather, couples can opt for alternative methods such as arbitration, mediation, and collaborative divorce, among others. Below is a general guide to how the uncontested divorce process will play out:

  1. You will serve your spouse with divorce papers, or vice versa.
  2. You and your spouse will pay a filing fee and file the uncontested divorce forms with a clerk at your local courthouse.
  3. You and your spouse will have to complete a form from the Bureau of Vital Statistics.
  4. You and your spouse will attend the final divorce hearing.
  5. An Illinois judge will evaluate your settlement, ask each of your for a brief testimony, and sign your divorce order to finalize your divorce.

Uncontested divorce has a reputation for being the most ideal divorce route, as it tends to be more civil, inexpensive, and efficient. However, this is not a viable option if the couple cannot agree on even just one divorce-related term. This can turn into a contested divorce rather quickly.

For more information, contact a competent Tazewell County uncontested divorce lawyer today.

What is considered a contested divorce in Pekin County?

Contrastingly, a contested divorce is a process to finalize a settlement agreement used by couples who cannot agree on critical divorce terms. The proceedings take place in the presence of an Illinois court so that they can settle the contested divorce terms on your behalf.

With a contested divorce, you must assist your attorney in the preparation of your case by submitting documentation, discussing the evidence and facts you believe to be important to your case, and completing work related to fact-gathering, called discovery. In many cases, this can take months to complete. 

For more information, contact a proficient Tazewell County contested divorce lawyer today.

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Contact Butler, Giraudo & Meister, P.C., today for effective and compassionate legal counsel for the following legal matters: divorce, alimony, division of marital assets, child custody, and child support.

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