Divorce negotiations are often preferred by couples as a faster and less costly divorce process. Many divorces are handled through mediation, collaborative divorce, and other forms of alternative dispute resolution (ADR), which can mitigate the stress of the process. Unfortunately, ADR is not right for everyone. It is important to understand when your divorce may need to be litigated. A Chicago divorce attorney can help you navigate this process.
Bringing your divorce to court may be necessary to protect your own peace and rights or simply to reach a necessary resolution. Every divorce is unique, and an attorney can review your circumstances to determine what is right for you and your family.
What Is a Contested and an Uncontested Divorce?
Divorces are either contested or uncontested. Uncontested divorces occur when spouses are able to agree on the crucial aspects of their separation agreement. This includes property division, spousal maintenance, and child custody, visitation, and support. Even in an uncontested divorce, couples must attend a court hearing to have the agreement approved, but most of the process is handled outside of court.
Contested divorces occur in some of the following circumstances:
- One spouse files for divorce, while the other thinks they should not be divorcing.
- Spouses do not agree on one or more of the elements in their separation agreement, including the division of assets and debts, the awarding of spousal maintenance, or the custody and support of children.
Contested divorces can also be resolved outside of court with final court approval, although they typically take longer to resolve. Contested divorce can also be resolved through court litigation with numerous court appearances. This may be a necessary way to resolve the divorce depending on circumstances.
When Might Litigation Be Right for Your Chicago Divorce?
Couples getting a divorce may deal with numerous methods of resolving a divorce until they find the option that works for them. Couples can negotiate all the matters that they can and litigate the matters that can’t be negotiated.
Unfortunately, some couples cannot negotiate at all. In certain situations, it may be in your interest to litigate your divorce or discuss your options to protect your rights and interests with an attorney. Some of these situations include:
- You and your spouse have tried methods of ADR, but an agreement can’t be reached in a timely manner.
- You and your spouse cannot communicate without arguing, cannot reach a compromise, or cannot talk to each other.
- Your spouse has taken an aggressive stance and refuses to budge on any of their wishes.
- You and your spouse cannot reach even a basic agreement about what is in your child’s interests.
- You and your spouse have very complex finances requiring additional financial professionals.
- You suspect your spouse is hiding marital or separate assets, or you did not have full access to financial information during your marriage.
- Your spouse has more power than you in negotiations, such as from significantly greater financial resources or as a result of emotional or financial abuse.
- Your spouse is intentionally refusing to cooperate in order to lengthen the divorce process and waste time, energy, and money.
- Your spouse is making unreasonably unfair requests in negotiations.
- You or your children are in danger from your spouse due to domestic violence, child neglect, child abuse, or another dangerous situation.
In some of these circumstances, you may be able to use more protective ADR methods. Sometimes, however, litigation is important to protect your rights, well-being, and the safety of your family. An attorney can help immensely in determining the right steps.
FAQs
Q: How Long Does a Divorce Take in Illinois if One Party Doesn’t Agree?
A: The amount of time a contested divorce takes in Illinois varies, but it is likely to take much longer than an uncontested divorce. If you and your spouse are able to get a collaborative divorce, this can make the process easier unless they are unwilling to talk or compromise. In this case, litigation may be the better option. Divorce litigation relies on court availability, and the more complex and contentious the case, the longer it is likely to take.
Q: How Do You Negotiate a Divorce Settlement?
A: Negotiating a divorce settlement is done between spouses outside of court, often with a mediator or each spouse’s attorneys. Some tips for negotiating a successful divorce settlement include:
- Doing research beforehand
- Understanding where you can and can’t compromise
- Determining where you and your spouse’s goals line up
- Communicating with your spouse and being willing to reach resolutions through compromise
If you and your spouse cannot discuss your divorce agreement or your spouse has power over you in negotiations, you may not want to negotiate the settlement.
Q: How Long Can a Spouse Drag Out a Divorce in Illinois?
A: In Illinois, if a divorce is handled through litigation, a spouse cannot drag it out too long because the court will eventually make a decision. While a spouse can be uncooperative in a court divorce, this does not stop the court from creating a divorce order and can affect the outcome.
If a couple is getting a divorce outside of court, the finalization of the divorce relies on the agreement of both parties. A spouse could drag out the divorce as long as they wish unless the case is taken to court.
Q: How Much Does It Cost to Get a Divorce in Illinois if Both Parties Agree?
A: If both parties agree to a divorce in Illinois, it is an uncontested divorce, and the costs are much lower than a contested divorce. Uncontested divorces often require very little negotiation to reach a resolution for a separation agreement. Couples likely agree on the major aspects and need to determine the details. The process may take longer and be more costly if they have a lot of assets to divide. The costs will also rely on whether the couple works with legal support to protect their rights.
Contact Stange Law Firm in Chicago
Knowledgeable legal support can help you make informed choices about your divorce and protect your rights. Contact our team at Stange Law Firm to see how we can help you navigate your divorce.
