Contested vs. Uncontested Divorce

Contested vs. Uncontested Divorce

When people divorce, it is important to understand the difference between contested and uncontested divorce. Basically, when spouses contest the terms of the divorce, this is contested and when spouses agree to the terms of the divorce, it is uncontested. You will save a TON of time, money and frustration if you and your spouse can agree to the terms of your divorce. Cost is important during a divorce, but it is equally important to make sure that your divorce is done fairly and that your rights are protected.

There are many financial aspects to consider in divorce: allocation of parental responsibilities, child support, property division, support, alimony (known in Illinois as spousal maintenance), and many other considerations. We offer FREE CONSULTATIONS – during this consultation, we will explain all of your rights and obligations to you. We will also explain the law and answer any questions that you may have. We will then formulate a plan for you moving forward that is the most economical, but also makes sure that YOUR rights are protected. The truth is that the cost of your divorce will depend on whether you and your spouse can agree on the terms of your divorce. If both parties can agree on all major issues, then you can keep the cost relatively low with an uncontested divorce. So – what happens if we cannot agree on the terms of our divorce? In these cases, you will proceed through the legal system with a traditional divorce or work outside of court. To accomplish these cases, divorce attorneys generally charge a retainer fee as payment in advance for work to come. That work is billed hourly, the number of hours reflecting the number of issues contested and the time it takes to resolve all issues. In the event all funds are not used in the retainer, they are refunded to you at the completion of the case. Who will pay for divorce legal / attorney’s fees? Normally attorney’s fees for both sides come out of marital property / assets.

We work hard to use our creativity to help you BEFORE your divorce has a chance to become frustrating, costly, and harmful to your family spirit. Call Henderson Law & Mediation Center to understand ALL of your divorce options – CALL (815) 726-8500 for HELP!

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