In Illinois divorce law, contested divorces tend to unfold at a markedly slower pace compared to their uncontested counterparts. If you find yourself facing divorce, understanding why this process can stretch over an extended period may help you manage expectations and make informed decisions. As a Chicago divorce attorney at Gordon & Perlut, LLC, I have navigated numerous contested divorce cases. My role is to provide legal guidance, and support, and to shed light on the complexities that often extend the duration of these proceedings. Here are a few reasons why contested divorces take so much longer.
The primary factor that prolongs contested divorces is disagreement between spouses on critical issues such as child custody, property division, alimony, and child support. Each of these areas requires careful negotiation, and if the parties cannot reach an agreement, intervention must be made by the courts. This not only adds layers to the legal process but also requires meticulous preparation of evidence and legal arguments, which inevitably extends the timeline.
In contested cases, the discovery phase is often comprehensive and time-consuming. This phase involves the exchange of documents and information between the parties to establish the facts that will inform the division of assets, custody arrangements, and other key concerns. The process can be lengthy, especially if one party is less than forthcoming or if substantial assets need to be evaluated.
When spouses cannot agree on major aspects of their divorce, the court must step in to make decisions. Court schedules are generally crowded, and getting a date for hearings can take time. Moreover, each hearing can only cover so much ground, and multiple sessions may be necessary to address all the issues in your divorce comprehensively.
Contested divorces often involve numerous motions and legal filings that address interim needs, such as temporary support or custody, or to respond to disputes over the handling of the divorce process itself, like disagreements over the division of assets or child custody. Each motion requires preparation, a hearing, and a judge’s ruling, which cumulatively add to the timeline.
In some cases, one party may not agree with the court’s decisions. This disagreement can lead to appeals or requests for modification of the divorce decree, which can significantly prolong the process, sometimes extending it several years beyond the initial filing.
As stressful as it might be, understanding that these factors can affect the duration of your contested divorce helps you prepare mentally and financially for the journey ahead.
A contested divorce occurs when spouses cannot agree on key issues like asset division, custody, or support, requiring court intervention. An uncontested divorce happens when both parties agree on all significant matters and simply need legal formalization of their agreement.
The duration varies significantly based on the complexity of the case and the court’s schedule, but it can take anywhere from several months to a few years.
Absolutely. Parties are encouraged to settle their disputes through mediation or negotiation at any point during the process to avoid prolonged court proceedings.
Working collaboratively with your spouse and being open to compromise is crucial. Also, having an organized and responsive legal team can help keep the process moving efficiently.
For further inquiries or to get tailored advice for your specific situation, don’t hesitate to contact Gordon & Perlut, LLC. Let us help you navigate your divorce with dignity and confidence.
Navigating a contested divorce in Illinois is a challenging journey that requires patience and legal guidance. If you are facing such a situation, don’t go through it alone. At Gordon & Perlut, LLC, our team of experienced attorneys understand the intricacies of divorce law and are committed to providing compassionate and comprehensive legal support.
To discuss your case and explore your options, contact our Chicago divorce attorney at our Chicago office at 312-360-0250 for a free consultation. We are here to help guide you through every step of the process.