Three Differences Between a Contested and Uncontested Divorce in Illinois

 Posted on June 22, 2024 in Divorce

In Illinois, the process of divorce can take two primary forms: contested and uncontested divorce. Knowing the difference between these two types can help make this process a little easier by giving you a clearer picture of what to expect. Discuss with an attorney what each process entails to ensure you can choose the right method for you and your situation.

Difference #1: Agreement on Major Issues

One of the most significant differences between contested and uncontested divorces is whether both parties agree on major issues. In an uncontested divorce, both spouses agree on all major aspects, such as property division, child custody, and support arrangements. This agreement can make the divorce process smoother and faster.

In contrast, a contested divorce arises when the spouses cannot agree on these important issues. This lack of agreement means more time in Court, as a Judge has to step in and make decisions for the couple. Not only does this make the process longer, but the process can become more stressful and costly.

Difference #2: Time and Cost

Uncontested divorces typically happen faster and are less expensive. Because both parties are on the same page regarding many of the issues, they can often settle their differences outside of Court. This reduces the need for time-consuming and expensive legal proceedings. Many uncontested divorces can be finalized within a few months.

Conversely, contested divorces can drag on for much longer, sometimes lasting years. The longer timeline is due to the additional legal work required to resolve disputes. Each Court appearance, legal consultation, and mediation session adds to the overall cost, making contested divorces considerably more expensive.

Difference #3: Stress and Emotional Toll

The level of stress involved between uncontested and contested divorce varies widely. In an uncontested divorce scenario, the process is more agreeable. This is because the couple has already come to an agreement on what matters most. As a result, tensions and emotional strain can be significantly reduced.

A contested divorce, however, often involves more conflict and can be much more emotionally 

draining. The ongoing disputes and Court battles can create an adversarial environment, which can be especially difficult if children are involved. The emotional strain of a contested divorce can extend beyond the actual proceedings, affecting relationships and mental health long after the divorce is finalized.

Contact Our Arlington Heights, IL Uncontested Divorce Lawyer

Understanding these key differences between contested and uncontested divorces in Illinois can make the process more manageable overall. For legal assistance in deciding what process makes the most sense for you, contact the Barrington, IL contested divorce attorneys with The Law Office of Nicholas W. Richardson, P.C.. Call 847.873.6741 for a free consultation.