Naperville Attorneys Helping You Navigate A Contested Divorce

Going through a divorce is rarely easy. While some couples are able to resolve their issues more amicably, many Illinois spouses struggle to come to agreeable terms. Deciding who gets the house or how to arrange custody are serious matters that affect many divorcing couples and can impact the length of a divorce.

At Blacha Law Office, LLC, our experienced lawyers have handled many divorce cases just like this. Led by founding attorney Monika Blacha, we are committed to guiding Naperville spouses through the complex process of divorce toward a positive outcome.

What Is Contested Divorce?

A contested divorce refers to a divorce between spouses who are unable to agree on the key issues of their divorce. These key issues include:

• Property division: Spouses may disagree on how to divide assets fairly, such as the marital home, businesses, vacation property, furniture, vehicles, retirement accounts, and more.
• Child custody: Spouses may disagree over who should have physical custody or how to arrange parenting time, holidays and other factors related to custody.
• Child support: Spouses may disagree over how much support to pay or receive.
• Spousal support: Spouses may disagree over the amount of spousal support they have to pay or receive, or how long the support should last.

Spouses who can’t reach agreeable terms regarding these issues on their own or through methods such as mediation face a contested divorce. Contested divorces involve going to court, where a judge will hear both sides of the situation and make their final decision regarding these crucial issues.

What Is The Contested Divorce Process In Illinois?

Understanding how the contested divorce process works can help spouses prepare for what’s to come. There are generally four steps to the process:

• Filing a petition and serving divorce papers: A divorce doesn’t begin until one spouse’s attorney files the Petition for Dissolution of Marriage with the court. Once this spouse has filed the petition, they must serve the divorce papers to the other spouse to notify them of the divorce. This is usually done by mail through the court.
• Response from the other spouse: The other spouse has 30 days to reply to the petition. The other spouse can acknowledge the petition as is, or they can file a counter-petition which gives them an opportunity to add extra allegations.
• Discover process and gathering information: Divorces require building a strong case using evidence. The discovery process allows each spouses’ attorney to collect all relevant evidence from the other spouse, such as financial records or witness statements regarding a spouse’s relationship with their child to use for custody issues. Attorneys can request various information through depositions, subpoenas, interrogatories and other legal means.
• Court hearings and trial: Once all the evidence is collected, the divorce moves to trial. There may be court hearings ahead of the trial to outline the issues that are still unresolved, but if the spouses still cannot reach agreeable terms at this stage, a trial date will be set. At trial, each spouse’s divorce lawyer will present evidence and witnesses and make their arguments. The judge will then consider all the information and make their final judgment.

A contested divorce can be incredibly lengthy as the discovery process may take weeks or months to complete, and the busy court system can push back trial dates. By working with a skilled divorce attorney, you can stay informed about your case at every stage and prepare for your divorce with more confidence.

How Long Does A Contested Divorce Take In Illinois?

Contested divorces can last from six months to a year or more. There are many factors that contribute to how long a contested divorce may take, including:

• The complexity of the case: Every divorce is different, but as many contested divorces involve unresolved issues, it can take a long time to come to review each of these issues and come to agreeable terms.
• The ability to reach an agreement: Spouses who are unwilling to cooperate or turn their divorce into a fight may find it more difficult to resolve their issues which can make the divorce process last much longer.
• The court schedule: If the court calendar is full or backlogged with other cases, it can be more challenging to schedule court dates for your divorce which can push your divorce out even longer.

Our lawyers will work closely with you during the divorce process so that you are never left in the dark and know exactly what may be impacting the progression of your divorce.

Compassionate Guidance When You Need It Most

A contested divorce is a complex, lengthy and stressful process, but one that you don’t have to navigate alone. Let our skilled team help you through the necessary steps and fight to get you a favorable divorce settlement.

Call us today at 630-283-1987 to schedule a free consultation or email us online.