Wheeling Divorce Attorneys

Divorce legally terminates a marriage, which means that divorcing couples must also contend with a host of related legal issues, including how parenting time will be divided, how marital property will be distributed, and whether one party will be required to make alimony payments to the other. Even couples who have a relatively amicable relationship struggle with these matters, which can be complex and difficult to resolve, so if you and your spouse have decided to file for divorce, it is important to contact experienced Wheeling divorce attorneys who can explain your legal options and help protect your interests. 

The Differences Between Contested and Uncontested Divorce

There are two types of divorce in Illinois, which are known as contested and uncontested divorce. The former involves a couple that cannot come to an agreement on one or more of the following divorce-related issues:

• Property division, including who will retain possession of the family home;
• How parenting time and decision making responsibility will be divided between the parties;
• Whether one spouse will be required to pay child support for the maintenance of the couple’s children; or
• Whether one spouse will be required to pay spousal support to the other, and if so, in what amount and for how long. 

Unlike contested divorces, uncontested divorces occur when couples agree on these matters, although even in these cases, a court will still have to review and approve the agreement before a divorce can be finalized. If one spouse files for divorce and the other fails to submit a response, courts will presume that the divorce is uncontested.

Whether a divorce qualifies as contested or uncontested, the parties involved must fulfill certain filing requirements before their marriage can be terminated. For example, a couple will only be permitted to file for divorce in Illinois if at least one of the parties has lived in Illinois for the preceding three months.

Divorce-Related Legal Matters

Illinois couples who decide to end their marriages must grapple with a number of related legal matters before a judge will actually finalize the divorce. For instance, divorcing couples must divide all of their marital property or assets that were acquired after the marriage, fairly. Before this can happen, however, the parties must identify, categorize, and appraise both marital assets and separate property. 

Besides property division issues, divorcing couples will also need to decide whether one spouse will continue to pay for the support of the other and if so, the amount and form that those payments will take. Finally, couples who share children will only be able to obtain a divorce once they have come up with a timesharing arrangement. In the event that two parents are unable to agree to a plan, a court will step in and create an arrangement that it believes to be in the child’s best interests. 

Call Today for a Free Consultation

Contact us today to set up a free case evaluation with one of the experienced and compassionate Wheeling divorce attorneys at the SAM LAW OFFICE LLC. You can also reach a member of our legal team by sending us an online message.