What Are the Steps in a Contested Divorce?
The contested divorce process can be long and complex, and it often involves multiple court hearings. The following is a general overview of the steps in a contested divorce:
- Filing the Petition – The first step in a contested divorce is to file a petition for divorce. The petition must be filed in the county where either spouse resides, and it must be served on the other spouse. The petition must include the grounds for divorce and a request for the specific relief that the filing spouse is seeking.
- Temporary Orders – After the petition is filed, either spouse can ask the court to enter temporary orders to address any urgent issues that need to be resolved before the divorce is finalized. For example, a spouse may ask the court to enter a temporary order for child custody or spousal support.
- Discovery – After the temporary orders are entered, the spouses will begin the discovery process. Discovery is the process of gathering information and evidence from the other spouse. The discovery process can be lengthy, and it often involves the exchange of financial documents, such as tax returns, bank statements, and pay stubs.
- Settlement Negotiations – After the discovery process is complete, the spouses will begin settlement negotiations. Settlement negotiations are an attempt to resolve the outstanding issues in the divorce without going to court. Settlement negotiations can be informal or formal, and they can involve the spouses, their attorneys, and a mediator.
- Pretrial Conference – If the spouses are unable to reach a settlement agreement, the court will schedule a pretrial conference. A pretrial conference is a meeting between the spouses, their attorneys, and the judge. The purpose of the pretrial conference is to discuss the outstanding issues in the divorce and to determine if a settlement can be reached.
- Divorce Trial – If the spouses are unable to reach a settlement agreement at the pretrial conference, the court will schedule a divorce trial. A divorce trial is a formal court hearing in which the judge will hear evidence and make a decision on the outstanding issues in the divorce. The length of a divorce trial can vary depending on the complexity of the issues involved.
- Post-Trial Motions – After the divorce trial is complete, either spouse can ask the court to modify or set aside the judge’s decision. For example, a spouse may ask the court to modify a child custody order or set aside a property division order.
- Appeal – If either spouse is not satisfied with the judge’s decision, they can appeal the decision to a higher court. An appeal is a request for a higher court to review the judge’s decision and determine if it was correct. The appeals process can be lengthy, and it often involves multiple court hearings.
How Long Does a Contested Divorce Take?
The length of a contested divorce can vary depending on the complexity of the issues involved. In general, a contested divorce can take anywhere from a few months to several years to complete. If the spouses are able to reach a settlement agreement, the divorce process will be much shorter. However, if the spouses are unable to reach a settlement agreement and the case goes to trial, the divorce process will be much longer.
How Much Does a Contested Divorce Cost?
The cost of a contested divorce can vary depending on the complexity of the issues involved. In general, a contested divorce can cost anywhere from a few thousand dollars to tens of thousands of dollars. The cost of a contested divorce can include court fees, attorney fees, and expert fees. If the case goes to trial, the cost of the divorce will be much higher.
How to Prepare for a Contested Divorce
Preparing for a contested divorce can be difficult, but there are several steps you can take to make the process easier. The following are some tips on how to prepare for a contested divorce:
- Get organized – One of the most important things you can do to prepare for a contested divorce is to get organized. You should gather all of your financial documents, such as tax returns, bank statements, and pay stubs. You should also gather all of your personal documents, such as your marriage certificate and your children’s birth certificates.
- Make a list of your assets and debts – You should make a list of all of your assets and debts. This list should include your house, your car, your bank accounts, your retirement accounts, your credit card debt, and your student loan debt. You should also make a list of all of your personal property, such as your furniture, your jewelry, and your electronics.
- Make a list of your income and expenses – You should make a list of all of your income and expenses. This list should include your salary, your bonuses, your commissions, your rental income, and your investment income. This list should also include your mortgage payment, your car payment, your utility bills, your grocery bills, and your entertainment expenses.
- Make a list of your goals and priorities – You should make a list of your goals and priorities. This list should include what you want to achieve in the divorce, such as the marital home or primary custody of your children. This list should also include what you are willing to give up in the divorce, such as the family car or the family pet.
- Consider mediation – Mediation is a process in which a neutral third party helps the spouses reach a settlement agreement. Mediation can be much less expensive and time-consuming than going to court, and it can help the spouses maintain a more amicable relationship. If you are considering mediation, you should contact an experienced mediator to discuss your options.
What Are the Effects of a Contested Divorce on Children?
Divorce can be difficult for children, and it can have a lasting impact on their lives. When a couple gets a divorce, they must decide how to share parenting time and parental responsibilities. If the couple cannot agree on these issues, the court will make a decision based on the best interests of the children.
When a court makes a decision on child custody and visitation, it will consider a variety of factors, including:
- The wishes of the parents
- The wishes of the children
- The mental and physical health of the parents and children
- The relationship between the parents and children
- The ability of the parents to cooperate with each other
- The ability of the parents to provide for the children
- The distance between the parents’ homes
- The children’s adjustment to their current home, school, and community
When a court makes a decision on child custody and visitation, it will also consider any evidence of domestic violence or substance abuse. If a court determines that a parent is unfit, it may limit or terminate that parent’s parental rights.
When a court makes a decision on child custody and visitation, it will enter a parenting plan. A parenting plan is a written agreement that outlines how the parents will share parenting time and parental responsibilities. The parenting plan must be approved by the court, and it must be followed by both parents.
How Can a Contested Divorce Lawyer Help?
A contested divorce lawyer can help you navigate the contested divorce process and protect your rights and interests. The following are some of the ways a contested divorce lawyer can help:
- Explain your rights and options – A contested divorce lawyer can explain your rights and options under Illinois divorce law. For example, a contested divorce lawyer can explain how the court will divide your property and how the court will determine child custody and visitation.
- Help you gather evidence – A contested divorce lawyer can help you gather the evidence you need to prove your case. For example, a contested divorce lawyer can help you gather financial documents, such as tax returns, bank statements, and pay stubs.
- Represent you in court – A contested divorce lawyer can represent you in court and present your case to the judge. A contested divorce lawyer can also cross-examine the other spouse and any other witnesses.
- Negotiate a settlement agreement – A contested divorce lawyer can negotiate a settlement agreement on your behalf. A contested divorce lawyer can also review a settlement agreement to ensure that it is fair and reasonable.
- Prepare you for trial – A contested divorce lawyer can prepare you for trial and help you understand what to expect. A contested divorce lawyer can also help you prepare your testimony and your witnesses.
- File post-trial motions – A contested divorce lawyer can file post-trial motions on your behalf. A contested divorce lawyer can also represent you in any appeals.
For a personalized consultation with one of our attorneys, call us today at (312) 500-8344 or contact us online.
