Trusted Divorce Attorneys Handling Contested and Uncontested Cases in Wheaton, IL
Depending on the issues that the parties are facing, a divorce may involve disputes over child custody, child support, and property division. If the divorce is contested, it means that there are one or more unresolved issues that the parties must still address. Contact our offices to schedule a consultation and discuss your specific situation.
At Musielak & Rosinski LLC, our Wheaton, IL family law attorneys have extensive experience guiding clients through even the most complex divorce cases. We understand the emotions that are involved, and we strive to help you through the process in the most efficient and cost-effective manner possible.
Two Types of Divorce Cases
- Contested divorce: Most often, a divorce is considered contested when the parties are in disagreement about one or more aspects of the divorce itself. There can be disputes regarding division of property, division of debt, spousal support or maintenance, or the parenting plan. As skilled attorneys, it is our goal to help our clients navigate these disputes and reach satisfactory compromises; however, when a compromise cannot be made, our skilled litigators will zealously advocate to protect our clients' interests.
- Uncontested divorce: Conversely, an uncontested divorce is one where the two parties agree on all issues. An uncontested divorce can proceed smoothly, quickly, and efficiently. In the hands of an experienced lawyer, your uncontested divorce will end much faster and more amicably than a contested divorce.
Whether you have a contested or uncontested divorce, you need to discuss your issues with an experienced attorney to understand all the legal aspects of the dissolution of your marriage. In the past, we have had clients who approached our office believing that they were ready to proceed with an uncontested divorce. It is not uncommon for these individuals to realize that there are factors that they did not consider when developing their separation agreement. It is the job of an experienced attorney to guide you through these discussions and ensure you have thought of everything before moving forward.
Do All Contested Divorces End in Litigation?
A disagreement alone does not always mean a divorce case will end in a trial. Many contested divorces are resolved through negotiation between attorneys, mediation, or settlement conferences before ever reaching a courtroom.
Litigation becomes necessary when spouses cannot reach an agreement even after attempting these alternatives, or when one spouse is unwilling to negotiate in good faith. Even cases that begin heading toward trial often settle at some point along the way, sometimes as late as the days immediately before a scheduled court date. Preparing a case as though it will go to trial, while remaining open to settlement, is often the most effective approach.
What if One Spouse Does Not Want to Get Divorced in Illinois?
Illinois only permits no-fault divorce, which means one spouse does not need the other spouse's agreement or cooperation to obtain a divorce. If one spouse files a petition and the other refuses to respond, the case can still move forward, and the court may eventually grant a default judgment in favor of the filing spouse.
A reluctant spouse can slow down the process by refusing to participate in discovery, failing to respond to filings, or delaying negotiations, but they cannot ultimately prevent the divorce from being finalized. Our divorce attorneys can help keep the case moving even when the other spouse is resistant, ensuring that delays do not unfairly extend the process.
Contact Our Wheaton Contested Divorce Attorneys
To arrange your free initial consultation with Musielak & Rosinski LLC, call 630-344-6525 or contact our Wheaton, Illinois divorce attorneys today. With offices in DuPage County, we have experience helping clients throughout Illinois.