Huntley Contested Divorce Lawyer

Helping Clients Through The Contested Divorce Process in Illinois 

When you and your spouse cannot agree on the terms of your divorce, it is considered a contested divorce. This means that you will need to go to court and have a judge make decisions on your behalf. Contested divorces can be more stressful and time-consuming than uncontested divorces, but with the right legal representation, you can get through the process as smoothly as possible. At Brody Brandner, Ltd., we understand the challenges you are facing and are prepared to help you navigate the legal process.

Call Brody Brandner, Ltd. today at (815) 374-7783 or contact us online to schedule a consultation with our contested divorce attorney in Huntley.

What is a Contested Divorce?

A contested divorce occurs when spouses cannot reach an agreement on critical issues such as asset division, child custody, spousal support, or any other pertinent matters related to the dissolution of their marriage. Unlike uncontested divorces where both parties generally agree on these key issues, contested divorces often require legal intervention to facilitate a resolution.

In contested divorces, emotions run high, and communication breaks down, making it essential to have a seasoned legal professional by your side. Brody Brandner, Ltd. understands the intricacies of contested divorces and is here to provide you with the strategic counsel and representation needed to protect your rights and interests.

What are the Requirements for a Contested Divorce in Illinois?

Before delving into the specifics of a contested divorce, it's crucial to understand the legal requirements in Illinois. In the state of Illinois, the following prerequisites must be met for a contested divorce:

• Residency Requirement: Either you or your spouse must have been a resident of Illinois for at least 90 days before filing for divorce. This residency requirement ensures that the state has jurisdiction over your case.
• Grounds for Divorce: Illinois is a no-fault divorce state, meaning you do not have to prove fault or wrongdoing to get a divorce. However, you must state irreconcilable differences as the reason for the breakdown of the marriage.
• Filing the Petition: To initiate a contested divorce, one party (the petitioner) must file a petition for dissolution of marriage with the appropriate court. The other party (the respondent) is then served with the divorce papers.
• Response and Counterclaim: The respondent has the option to respond to the divorce petition, and they may also file a counterclaim if they have specific requests or disagreements regarding the terms of the divorce.
• Discovery Process: In contested divorces, both parties engage in the discovery process, which involves gathering evidence, exchanging information, and disclosing relevant financial and personal details. This phase is crucial for building a strong case and understanding the other party's position.
• Negotiation and Mediation: In many contested divorce cases, negotiations and mediation play a pivotal role in reaching a resolution outside of court.
• Litigation: If negotiations fail, the case may proceed to court, where a judge will make decisions on unresolved issues.

Huntley Contested Divorce FAQ

How does child custody work in a contested divorce?

In a contested divorce, child custody is determined based on the best interests of the child. The court considers factors such as each parent's relationship with the child, the child's needs, and the ability of each parent to provide a stable environment. Parents should present evidence to support their case.

What challenges might arise during a contested divorce in Huntley?

Challenges in a contested divorce can include disagreements over asset division, child custody, and spousal support. Emotional stress, lengthy legal proceedings, and increased costs are also common. An experienced attorney can help navigate these challenges and work towards a fair resolution.

How is the division of assets handled in a contested divorce?

Asset division in a contested divorce follows the principle of equitable distribution, meaning assets are divided fairly, though not necessarily equally. The court considers factors such as the length of the marriage, contributions of each spouse, and future financial needs.

Is spousal support available in contested divorces in Huntley?

Yes, spousal support may be awarded if deemed necessary by the court. Factors influencing spousal support include the duration of the marriage, each party's financial situation, and their ability to become financially independent. An attorney can advocate for fair support arrangements.

What is the typical timeline for a contested divorce in Illinois?

The timeline for a contested divorce in Illinois can vary widely depending on the complexity of the issues and the court's schedule. Generally, it can take several months to over a year to reach a resolution. Having a skilled attorney can help expedite the process by efficiently managing legal proceedings.

How do Illinois state laws impact contested divorces?

Illinois state laws provide a framework for handling contested divorces, focusing on fairness in asset division and the best interests of children in custody cases. It’s important to have legal guidance to understand how these laws apply to your specific situation and to stay informed about any legal changes.

Contact Our Huntley Contested Divorce Attorney Today

Facing a contested divorce is undoubtedly challenging, but with the right legal representation, you can navigate this complex process with confidence. Our Huntley contested divorce attorneys are ready to stand by your side, providing the skilled guidance and advocacy you need during this critical time. With Brody Brandner, Ltd., you have a dedicated partner committed to protecting your rights and helping you move forward into a new chapter of your life.

Contact Brody Brandner, Ltd. today to get started with our Huntley contested divorce lawyer.