Many spouses who divorce in Illinois can work out their differences at the negotiation table. However, for other couples, contested divorces are the only option, as they cannot agree on some of the important family law issues. Here is a look at what contested divorces involve.
Specific issues that are decided through litigation
In contested divorces, couples cannot agree on all or some decisions required to end the marriage. For this reason, they file their cases in court. At that point, their attorneys focus on collecting evidence and negotiating with each other in preparation for trial. At trial, after the evidence is presented, the judge issues final decisions about unresolved issues in the couple’s divorce.
A divorce may be contested if two divorcing spouses cannot agree on how to divide their marital assets. In addition, a judge may have to determine whether alimony should be paid, who should pay it and how much should be paid. A judge might also make decisions regarding child custody and child support if the two spouses cannot agree on these matters.
The importance of legal support for these situations
An experienced Illinois family law attorney can help an individual who is going through a contested divorce to pursue the most personally favorable outcome in court given the circumstances. For example, a savvy attorney can gather the necessary evidence, such as photographs, witness testimony and financial documents, to make his or her client’s case. The attorney will make sure that his or her client’s rights are protected during each stage of the proceeding while also fighting for the best possible outcome.