Contested Divorce Lawyers in Chicago Helping You Expedite Your Case
If you and your spouse have decided that divorce is the best option for you, then getting through the process quickly is probably your main goal. Unfortunately, contested divorces are all too common because spouses often have difficulty agreeing on matters like child custody, asset distribution, and spousal maintenance.
Equitable distribution is crucial in family law matters and even more so during a divorce. While it’s almost always cheaper to settle with your spouse and not fight them on their demands, giving in too quickly can rob you of marital assets or custody rights. With the right legal advice, you can press for your wants and needs while keeping peace with your spouse.
A contested divorce lawyer can help you advocate for your wants and needs during divorce proceedings. At The Law Offices of Robert B. Buchanan, we believe that all our clients should have an equal say in their divorce, especially if it goes to trial. If you need help resolving matters in your divorce or negotiating with your spouse, our team is here to help. Call us today for a free consultation at 312-248-6170.
What’s the Difference Between a Contested and Uncontested Divorce?
An uncontested divorce is when both parties agree on most (or all) divorce terms. This might include child custody arrangements, property division, and spousal maintenance. When a divorce is uncontested, couples typically don’t need to go to court, and the process happens very quickly.
On the other hand, a contested divorce is when both parties disagree about some or all of the divorce terms. While this type of divorce will often take longer, it’s very common. Many divorcing couples would rather let a judge decide the terms of their divorce than reach an agreement with their soon-to-be ex-spouse.
Unfortunately, contested divorces can be time-consuming and expensive. Dragging out a divorce can also be damaging for children if you and your partner have any. Typically, it is best for all parties involved to hire a contested divorce attorney to finalize the divorce and move on from this chapter in life as quickly as possible.
What Issues May Need to be Addressed in Contested Cases?
In a contested divorce case, couples may disagree about one or more aspects of the divorce. This can include many things but often involves child custody or property division. If each spouse is set in their own ways, then reaching an agreement may be easier with legal representation.
Below are some common issues that may need to be addressed in a contested divorce case:
Spousal maintenance is payment from one spouse to another. In general, the court must decide if spousal maintenance is appropriate, taking into account the income of both parties, the standard of living of both parties and the needs of each party. The court will also decide how much spousal support is awarded and its duration.
If you and your spouse have children together, deciding custody can become a significant issue. You and your spouse may disagree about how much custody the other party gets or who the child or children live with full time. A court can help decide which parent is better fit for custody and whether or not custody should be split equally.
Any marital property, or property that you and your spouse share or acquire equally, must be divided equally during the divorce process. Determining what is marital property and what is non-marital property can be a point of contention for couples. If so, a court can help decide how assets should be split up.
How are Contested Cases Resolved?
The contested divorce process can be lengthy and may be expensive. However, there are some common ways that a contested divorce lawyer can help you resolve your case quickly.
Contested divorce cases are often resolved in the following ways:
If you and your spouse are close to agreeing on most issues but just can’t quite finalize any of them, a mediator can help. This unbiased third party will assist you in negotiating with your spouse so that you both feel heard. Once both parties come to an agreement, the terms can be incorporated into a Marital Settlement Agreement.
In contested divorces, a collaborative divorce is when both spouses hire collaborative law attorneys to resolve their cases. They may also hire financial advisors, personal coaches, child psychologists, or other professionals to resolve specific issues. If both parties can agree, then the divorce proceedings can stop here.
Litigation is the process of taking a divorce to court. Both spouses will hire divorce attorneys for legal representation before a judge during litigation. Each attorney will advocate for their client’s needs and wants, but ultimately, a judge will rule on individual aspects of the divorce.
Should I Hire a Contested Divorce Lawyer?
Going through a divorce is already a stressful process. But the process can get even more frustrating when you and your spouse can’t agree on the divorce terms. Hiring a contested divorce attorney is the best way to advocate for yourself and ensure a fair division of assets and custody during divorce proceedings.
A divorce attorney on our team can help with the following:
- Gathering financial documents to ensure your spouse is not hiding assets
- Collecting witnesses to provide credibility to your statements and your skills as a parent
- Consulting experts to settle specific disputes
And more. Don’t hesitate to reach out if you are going through a contested divorce. Our experienced attorneys are here to help you quickly resolve your matters. Call The Law Offices of Robert B. Buchanan for a free free consultation at 312-248-6170.