Understanding the Main Types of Divorce Resolution

 Posted on June 17, 2022 in Divorce

 If you feel that your relationship with your spouse is ending, you may be ready to terminate your marriage. Choosing to divorce a spouse is not easy, and most partners conduct lots of research before making this life-changing decision. Spouses may look into the cost of divorce, how to divide shared property, and use testimonies from other divorced couples to understand the divorce process. However, just like each couple, every divorce differs in many ways. 

Contested and Uncontested Divorce in Illinois 

Divorces can come in many forms. The most common distinction between divorces is whether the process is contested or uncontested. In a contested divorce, spouses will disagree over an aspect or multiple aspects of the divorce outcome. For example, a contested divorce could include a husband and wife in complete disagreement over who will remain living in the shared family home. On the other hand, an uncontested divorce is typically collaborative, and the spouses work together to form a mutual divorce agreement. In an uncontested divorce, there likely won’t be much fighting or disagreement. 

Due to the lack of contention, uncontested divorces can be resolved without significant litigation, making uncontested divorces much less expensive than other forms of divorce resolution. 

Collaborative Divorce 

A collaborative divorce includes a divorce resolution that focuses on finding the middle ground between partners without having to go to court. Spouses will hire their respective collaborative attorneys to facilitate meetings to discuss significant issues, such as child custody and property division. The focus of collaborative divorce is mutually respecting both partners, making collaborative divorce a popular choice for couples with children. Collaborative processes can also include divorce specialists such as financial and psychological experts to ensure all family members are being treated fairly and receiving proper assistance. In the collaborative process, everyone works together. 

Mediated Divorce 

In a mediated divorce, a neutral third-party mediator is hired to help work out contention between partners without going to court. A trained mediator work to help each side effectively communicate their needs. Using a mediator is often a last-resort opportunity for partners who disagree but are looking to avoid taking each other to court. 

Litigated Divorce

A litigated divorce is solved through the court. Litigation is typically the most time-consuming and expensive divorce process. A divorce that moves to litigation usually includes complex financial problems between partners or highly volatile disagreements. Many litigated divorces are resolved via settlement. However, if the couple cannot reach a settlement, the case may go to trial where a judge determines the outcome of the divorce.  

Speak to a Naperville Divorce Lawyer Today

If you are in the process of divorcing your spouse, our skilled DuPage County divorce lawyers are here to help you. At Law Office of Ronald L. Hendrix, P.C., our attorneys have years of combined experience representing spouses throughout a divorce. We are prepared to help you understand which divorce process suits your unique situation. To schedule a free consultation with our office, please reach out to us by calling 630-355-7776 today.

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/ilcs4.asp?DocName=075000050HPt%2E+V&ActID=2086&ChapterID=59&SeqStart=6200000&SeqEnd=8675000