Should I Contest My Divorce?

 Posted on October 31, 2023 in Divorce

A contested divorce can be difficult, stressful, and time-consuming. However, in some cases, this may be the only way to get a fair divorce decree. Most people today use alternative dispute resolution strategies like mediation to settle their divorces out of Court. Resolving a divorce out of Court offers quite a few benefits. You have more control over the end result. Mediation is less expensive than going to Court. Getting divorced can be much faster when the spouses are able to agree on who keeps what property and what type of child custody arrangement to use. However, mediation does not work for every couple. Some are simply unable to reach an agreement. These couples may have little choice but to allow a Judge to make decisions. If you are concerned that your case may go to Court, you will benefit from working with an experienced lawyer. 

When to Consider Contested Divorce 

There are a few common types of situations where contested divorce becomes necessary. You may want to speak with your attorney about the possibility of contesting divorce if you are facing circumstances like: 

• An uncooperative spouse - Alternative dispute resolution only works if both parties participate in good faith. If your spouse completely refuses to go along with the process, will not compromise on anything, or is being unreasonable, you might not be able to reach an agreement. If your spouse does not agree to a fair division of property or parenting time, you may need to ask a Judge to decide what is best. 
• Hidden or dissipated assets - If you suspect or know that your spouse is concealing assets, they likely will continue trying to conceal them during the divorce process. You might need a Judge to force them to disclose what they own. Or, if your spouse has wasted a lot of your marital finances for their own selfish reasons, like gambling, you may need to involve a court. 
• Serious custody issues - If your spouse is a danger to your children and will not agree to a parenting plan that does not allow them substantial alone time with the children, or insists on demanding full custody, you might need a Judge to create a fair arrangement. 
• Abuse - If your spouse abused you, you may not be treated fairly in a divorce unless a Judge forces them to do so. 

In these situations, contesting your divorce may be the best or only way to resolve your divorce. 

Contact an Inverness, IL, Divorce Attorney

The Law Office of Nicholas W. Richardson, P.C. is skilled in both contested and uncontested divorce. Attorney Richardson, a notable Northwest Cook County divorce lawyer, can competently represent you in or out of the courtroom. Contact us at 847.873.6741 for a complimentary consultation.