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Chicago divorce attorneyIn a recent post on this blog, we discussed what people need to know regarding uncontested divorce in Illinois. This time, we will talk about things that are essential to know about contested divorce. Firstly, a contested divorce occurs when the divorcing parties cannot cooperate effectively, to the point where litigation may be required. Contested divorces can begin from many places. For instance, divorce proceedings may begin amicably and become contested, whereas in other cases, the divorce may have been rife with conflict from the very beginning. 

Whatever the case, contested divorces are often quite time-consuming and expensive. Unfortunately, contested divorces, by nature, are usually more emotionally burdensome than uncontested divorces since, in contested divorces, the tension between the divorcing parties may be palpable. While contested divorces can be resolved through mediation, a contested divorce will likely mean litigation in many scenarios. If you are facing a contested divorce, contact an experienced divorce attorney who can advocate for you and your best interests throughout litigation, should litigation be necessary in your case. 

What Are Some Common Issues in a Contested Divorce?

A contested divorce can involve various issues that can increase contentiousness. For example, when it is time for the division of parental responsibilities to be sorted out and determined, this can be highly contentious. It is easy during this time to become so consumed with wanting to be victorious over their spouse that they forget the most important thing when it comes to the division of parental responsibilities, which is determining the children's best interests. As a result, it is crucial to have an experienced attorney on your side advocating for you and your child's best interests and who understands the emotions involved in a divorce and how it can be easy for parents to become sidetracked by their own emotions when dealing with issues relating to their children and the divorce.

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Chicago divorce lawyerIt is not uncommon for spouses to get into arguments or disagree over many different issues. In some cases, a spouse may even threaten to pursue a divorce against you. The word divorce can be highly triggering to people simply because of everything that divorce represents. For most people, divorce is a significant life event, similar to a baby being born or someone passing away. Divorce is a big deal, which is why it may be shocking and upsetting to hear your spouse hang the idea of divorce over your head. 

At the outset, it must be stated that threats of divorce should be taken seriously. Accordingly, if your spouse has threatened divorce, consider consulting with an experienced divorce attorney who can inform you of your rights and help you prepare for the event of divorce and how you ought to proceed.

Considerations for When Your Spouse Threatens Divorce

If your spouse has taken the step of threatening to divorce you, try and take a deep breath. Many different things can be said in the heat of the moment that people do not mean. However, still take the threat of divorce seriously and try to evaluate your marriage and where it’s at. Threats of divorce can act as a wake-up call for some people and may mean that issues in the marriage must be addressed. These issues may include infidelity, communication problems, financial strains, substance abuse, or parenting differences. It is more probable than not that if your spouse is threatening divorce, it is not without reason. Looking within yourself and then evaluating your marriage can help you locate areas of concern that need to be addressed. 

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Chicago divorce attorneyGetting a divorce is never easy and can be especially difficult once the holidays come around. If you are coming up on your first Christmas since splitting up from your spouse, you may likely feel heartbroken and at a loss for what to do. These feelings can be amplified if you have children, have recently moved out of the marital home, or if your spouse has moved out of the marital home. In any event, if you have reason to believe divorce may be on the horizon for you and your family, this blog will delve deeper into how you can make your first Christmas since your separation from your spouse as tolerable as possible.

At the outset, if you feel you and your spouse are heading toward a divorce, consult with a knowledgeable and compassionate divorce attorney who will protect your rights and help guide you through this challenging time so that the process can be as seamless as possible. 

Surviving the “Most Wonderful Time of the Year”

For anyone going through a separation and heading toward a divorce, Christmas and the holiday season will certainly not be the most wonderful time of the year. You may be feeling a cascade of emotions, which is normal and to be expected. Here are some strategies to help you cope with your situation. Consider the following strategies:  

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What is an Uncontested Divorce in Illinois?

Posted on in Divorce

Chicago divorce attorneyGetting a divorce can be one of the saddest, most contentious, and bitter processes that a person can ever experience. At least, that is the usual assumption when it comes to getting divorced. It is undoubtedly true that many divorces involve lots of anger and unpleasantness, particularly when children are involved. However, what if there was a way to get divorced that was not quite so terrible? 

There is a divorce process that can end things in an amicable way that will leave both you and your soon-to-be ex-spouse feeling heard and respected once the divorce is finalized. This process is referred to as an uncontested divorce. If you are seeking a divorce and believe that you and your partner can handle things amicably and cooperate effectively, an uncontested divorce may be a good option for you. Consider consulting with an experienced divorce attorney with familiarity with uncontested divorces to get the process started. 

What Are the Advantages of an Uncontested Divorce? 

According to Forbes, around 90% of divorces are uncontested. Forbes also reports that most uncontested divorces cost about $5,000, significantly less expensive than a traditional divorce. Many may start as contested, but the parties eventually can reach an agreement. Spouses often choose the route of uncontested divorce for two primary reasons: it saves time and money. Traditional divorces can be hindered by months or even years of litigation. Not to mention the tremendous cost of multiple court appearances. 

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When Divorce Mediation May Not Work

Posted on in Divorce

Chicago divorce attorneyFor many spouses, divorce mediation or other methods of cooperative divorce may be preferable to a prolonged courtroom battle. Divorcing spouses who use mediation may be able to save substantial time, money, and stress. However, alternative dispute resolution tactics may not be effective - or even worth trying - for every set of spouses. The process requires cooperation and a certain level of emotional maturity to succeed. Both spouses must be willing to make compromises with one another. Both spouses must be able to commit to participating in mediation or negotiation efforts.

While you and your spouse need not be amicable for divorce mediation to be an effective strategy, having a high level of conflict or certain types of intense conflict may mean that uncontested divorce is not likely to be a viable option for you. There are some signs that may lead your attorney to steer you toward the courthouse and away from a cooperative divorce. You also have the option of attempting to cooperate and then resorting to litigation should it fail. 

Signs That Divorce Mediation May Not be Right for You

Cooperative divorce methods can work for many spouses who are in conflict. However, it is not right for everyone. After speaking with your attorney, you may choose to go directly to court if one of these circumstances exists: 

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