You have likely heard people speak of an “amicable” divorce, a “bitter” divorce, a “lengthy” divorce, or perhaps an “expensive” divorce. Legally, however, there are two main types of divorce that can generally be expected to apply in most jurisdictions throughout the United States. These two types are contested divorce and uncontested divorce. Whether your divorce is contested vs. uncontested can be a significant factor in determining how long the divorce will take and how much it is likely to cost, therefore developing a clear understanding of the differences between contested vs. uncontested divorces may help you gain a more precise estimate of your legal journey ahead. To learn more, or to get answers tailored to your circumstances, reach out to the Chicago divorce law team at Johnson O’Keefe by calling (312) 319-4444.
What Does “Contested” Mean in a Divorce?
The divorce scenario that most people are likely familiar with is the process for contested divorces. This is the type of divorce characterized by multiple court dates, repeated motions and filings, and (in many cases) protracted uncertainty about long-term arrangements for critical issues such as child custody, spousal maintenance, and so on. The reason for the many hearings and filings – as well as the reason for the uncertainty that often accompanies them – is that in a contested divorce, some or all of the practical matters that need to be resolved in a divorce are ultimately decided by a court. Providing the judge (and the opposing party) with sufficient, appropriate information with which to make a fair decision on each question to be decided takes time, and often the divorcing spouses will file (or, if they are working with professional legal representation, have their attorneys file) motions contesting each other’s proposed decisions. All of these factors can tend to “draw out” the process for a divorce that is contested vs. an uncontested divorce.
What Does “Uncontested” Mean in a Divorce?
If a contested divorce is one in which critical issues must be decided by the judge in a family law court before the divorce can be finalized, an uncontested divorce is just the opposite. In an uncontested divorce, the two parties are able to reach an agreement on all of the key questions required for a divorce, which according to Illinois Legal Aid Online (ILAO) include matters such as how the couple’s shared property (and debts) should be divided, whether either spouse should pay the other alimony (and, if yes, how much and for how long), and, for couples with children, how they will divide parenting responsibilities and financial support for the children. This agreement is not considered valid or binding until approved by the judge in an Illinois family court, but reaching the agreement prior to filing for divorce can still substantially reduce the timeline and expense involved in the divorce process for an uncontested divorce compared to contested divorce proceedings.
Illinois Joint Simplified Divorce
In addition to the two main types of divorce processes that are generally recognized throughout the country, Illinois offers an option known as joint simplified divorce. Joint simplified divorce may be considered a subtype of uncontested divorce, but while any divorce can be uncontested if the parties are able to reach a reasonable agreement that covers all of the required issues, only some divorces will qualify for the joint simplified divorce process. A Chicago family law attorney with Johnson O’Keefe may be able to help you determine whether a joint simplified divorce is likely to be an option in your situation.
Limitations on Joint Simplified Divorce
ILAO offers a free program that will create the documents necessary for a joint simplified divorce for couples in Cook County, but the nonprofit’s resource page also lists a lengthy series of requirements the couple (and the circumstances of their divorce) must meet in order to be eligible for an Illinois divorce under the joint simplified procedure. Some highlights of the list that tend to disqualify many couples pursuing a divorce are that the couple must not have children, neither partner can be pregnant by their partner, the marriage must not have lasted more than eight years, and neither partner can own any real estate. There are also limitations on income, both separate and combined and the divorce is not eligible for the joint simplified process if either spouse wishes to claim support (alimony). All of these factors together can mean that while joint simplified divorce is often an attractive solution for the couples who qualify, in most cases an uncontested divorce in Illinois will follow a more involved process that is still usually cheaper and faster than the series of court proceedings they might have expected in a contested divorce.
Timelines and Steps for Contested vs. Uncontested Divorce in Illinois
Even in an uncontested divorce, the parties will have a few key filings to make, and they can generally expect at least one court date. For couples who are not filing together as part of the process for a joint simplified divorce, one spouse will file the initial petition to open the divorce proceedings (becoming the Petitioner in the case), and then the other spouse will be served with a Summons Petition for Dissolution of Marriage/Civil Union as provided by the Illinois Courts. If the person filing the petition knows their spouse’s current address, this step, also known as the formal Service of Process, can usually be completed in a matter of days.
Service and Response
Once the Summons has been served and service of process has been recorded in compliance with Illinois law, the spouse who has received the Summons (the Respondent) will have up to 30 days in which to file his or her response, using the statewide form for Appearance and Answer in civil lawsuits. If the Respondent files an entry of appearance and waiver consenting to the divorce (and its terms) right away, then at this stage the Petitioner can either request a hearing for the court’s judgment or sign up for parenting classes, as required by the Cook County Courts. If there is no filing from the Respondent, then once 30 days have passed the Petitioner can, similarly, request a court hearing for judgment.
Divorce With Children vs. Divorce With No Children in Illinois
If the Respondent enters an answer, but not a consent, then the couple will likely be referred to mediation to negotiate their settlement. With or without a consent agreement, if the couple has children together then both parents will still have to complete a mandatory four-hour parenting education and submit their certificates of completion to the court before the final divorce decree will be awarded.
After Parenting Education
The length of time it may take to register for and attend parenting classes may extend the timeline for the divorce somewhat, but the key difference between contested vs. uncontested divorce lies in whether the couple is able to reach a consent agreement during mediation that they can then bring to their court date and submit for the judge’s approval. If the couple agrees on all the terms when they arrive for their court date, then in many cases the judge will review the couple’s documents and issue a decision (and final order granting the dissolution of marriage) fairly quickly.
At the Court Date
If the couple is unable to reach an agreement through pre-trial negotiations, then both sides will present their cases to the judge at the court date. The judge at that point may weigh the factors and issue a decision on the spot, or they may ask for time to review documents submitted by the spouses. In some cases, the judge may also request additional documents for review, and schedule a follow-up court date.
Because each spouse will typically get a chance to review and respond to any information submitted by the other party, a contested divorce in which one or both spouses need to submit additional supporting documents after the initial court date is likely to take considerably longer than even a fairly protracted uncontested divorce. In some cases, the court may issue temporary orders regarding the allocation of parenting responsibilities and financial support for the couple’s children to ensure good childcare continuity during this period.
Speak With an Experienced Divorce Lawyer in the Chicago Area
If you are getting divorced in Cook County, Illinois, you likely have a number of questions about how to navigate your local court procedures. The answers may depend in part on whether your divorce is contested vs. uncontested. To learn more about your options and seek the guidance of an experienced family law attorney in Chicago, reach out to Johnson O’Keefe to schedule your personalized consultation. Call (312) 319-4444 today to be connected with a member of our team.