Five Key Differences Between Contested and Uncontested Divorces 

 Posted on July 17, 2022 in Divorce

It is normal to have many questions about the process when going through a divorce. There are two main types of divorces, and they differ in a few ways. An uncontested divorce refers to a divorce process that is amicable and communicative. A contested divorce, on the other hand, involves partners who are in disagreement over one or more divorce issues. Contested and uncontested divorces vary in a few ways, including duration and price. Here are five key differences between contested and uncontested divorces.

Communication 

The main difference between a contested and an uncontested divorce is the degree of productive communication between spouses during the process. During an uncontested divorce, both partners can express their desires for a divorce outcome and can agree on virtually every aspect of a divorce decree. For example, during an uncontested divorce, both spouses will decide on how property will be divided, who will retain permanent residence in the family home, and how child custody will be divided between parents. However, communication may be more difficult in an uncontested divorce. Sometimes, spouses only communicate through their respective attorneys. 

Control

Each spouse's ability to control the outcome of their divorce can depend on whether or not the divorce is contested or uncontested. In an uncontested divorce, spouses can easily communicate and agree upon an outcome that works best for both parties. However, the outcome of a contested divorce may ultimately be determined by the courts. Spouses are less in control when a judge finalizes the elements of their divorce agreement.

Duration of Divorce Process

Contested divorces typically take longer to complete than uncontested divorces. When couples can agree upon all the elements of a divorce decree, the process of marriage dissolution is usually fast. However, the process is drawn out when both partners struggle to communicate, agree, and come to a mutual decision. Divorces are often moved to litigation, extending the time it takes to complete a divorce.

Cost 

As mentioned above, contested divorces can be much more time-consuming than uncontested, collaborative divorces. The extended time spent on the divorce process can add up, leading to more lawyer fees and related costs.

Relationship Preservation 

Lastly, another notable difference between contested and uncontested divorces is how well the familial relationships are preserved after a divorce. Often, families that undergo a contested divorce are less likely to protect amicable relationships after the divorce process is complete.

Speak to a Naperville, Illinois, Divorce Attorney Today

If you are in the process of divorcing your spouse, our Naperville, Illinois, divorce and family attorneys can help you. At Law Office of Ronald L. Hendrix, P.C., both of our experienced attorneys are skilled in assisting with a variety of divorce and family law matters, including contested and uncontested divorces. Please contact us at 630-355-7776 to schedule a free consultation with our office.

Sources:

https://www.ilga.gov/legislation/ilcs/ilcs4.asp?DocName=075000050HPt%2E+IV&ActID=2086&ChapterID=59&SeqStart=3900000&SeqEnd=5400000 

https://www.ilga.gov/legislation/ilcs/ilcs5.asp?ActID=2086&ChapterID=59